ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF NOVEMBER 28, 2003
“THE LAST TEMPTATION OF CHRIST” CASE (OLMEDO BUSTOS ET AL.)
COMPLIANCE WITH JUDGMENT
HAVING SEEN:
1.
The judgment on merits and reparations delivered by the Inter-American
Court of Human Rights (hereinafter “the Court” or “the Inter-American Court”) in
“The Last Temptation of Christ” case on February 5, 2001, in which the Court
decided:
unanimously,
1.
[...] that the State violated the right to freedom of thought and expression
embodied in Article 13 of the American Convention on Human Rights, to the detriment of
Juan Pablo Olmedo Bustos, Ciro Colombara López, Claudio Márquez Vidal, Alex Muñoz
Wilson, Matías Insunza Tagle and Hernán Aguirre Fuentes.
2.
[...] that the State did not violate the right to freedom of conscience and
religion embodied in Article 12 of the American Convention on Human Rights, to the
detriment of Juan Pablo Olmedo Bustos, Ciro Colombara López, Claudio Márquez Vidal,
Alex Muñoz Wilson, Matías Insunza Tagle and Hernán Aguirre Fuentes.
3.
[...] that the State failed to comply with the general obligations of Article 1(1)
and 2 of the American Convention on Human Rights in relation to the violation of the
right to freedom of thought and expression indicated in decision 1 of this judgment.
4.
[...] that the State must amend its domestic law, within a reasonable period, in
order to eliminate prior censorship to allow exhibition of the film “The Last Temptation of
Christ”, and must provide a report on the measures taken in that respect to the InterAmerican Court of Human Rights, with six months of the notification of this judgment.
5.
[...] that, the State must pay the amount of US$4.290 (four thousand two
hundred and ninety United States dollars), as reimbursement of the expenses arising
from the steps taken by the victims and their representatives in the domestic
proceedings and in the international proceeding before the inter-American protection
system. This amount to be paid through the Inter-American Commission on Human
Rights.
6.
[...] that it [would] monitor that this judgment [was] complied with and only
then [would] it close the case.
2.
The first report of the State of Chile (hereinafter “the State” or “Chile”) of
August 7, 2001, in which it described the measures adopted to comply with the
Court’s decisions in its judgment, and indicated that “the plenary session of Congress
[had adopted] the draft constitutional reform designed to establish the right to
freedom of artistic creation and to eliminate cinematographic censorship.” Chile also
advised that “the Executive submitted to the National Congress a [...] draft law on
classification of cinematographic production, [...] [which was] undergoing the first
constitutional steps,” and that the “Cinematographic Classification Council (CCC)
ha[d] started to reclassify some previously rejected cinematographic productions so
as to pave the way for their public exhibition.” The original of this report and its
attachments was received by the Secretariat on August 24, 2001.
3.
The brief of October 12, 2001, in which the victims and their representatives
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos