5
23.
The brief of the State of September 22, 2003, and its attachment, forwarding
Supreme Educational Decree No. 18 of January 6, 2003, adopting the Regulations on
Classification of Cinematographic Production, which had been published in the Official
Gazette of the Republic of Chile on July 11, 2003. This “terminated the process of
amending the domestic law [of Chile], in order to eliminate prior censorship of
cinematographic productions.”
24.
Notes CDH-11,803/214, 215 and 216 of September 23, 2003, in which the
Secretariat, on the instructions of the President, informed the victims, their
representatives and the Commission that: “they [had] until October 22, 2003, and
this time limit could not be extended, to [...] present their comments [on the State’s
brief of September 22, 2003], if they deemed it pertinent.”
25.
The brief of Juan Pablo Olmedo Bustos of October 21, 2003, presenting his
comments on the State’s brief of September 22, 2003. In this respect, he indicated
that “with the entry into force of the Regulations on Cinematographic Classification
of July 11, 2003, the State of Chile had complied with the provisions of the fourth
operative paragraph of the judgment of [the] Court of February 5, 2001, as it has
amended domestic law and allowed the film “The Last Temptation of Christ” to be
exhibited.”
26.
The brief of October 27, 20003, in which the Commission presented its
comments on the State’s brief of September 22, 2003, and accepted that “the
obligations established in the fourth operative paragraph of the judgment of the
Court of February 5, 2001 (supra first having seen paragraph), had been fulfilled.
27.
Note CDH-11,803/225 of October 30, 2003, in which the Secretariat, on the
instructions of the President of the Court, requested the State, the victims, their
representatives and the Inter-American Commission to provide information on
compliance with the fifth operative paragraph of the judgment on merits in this case
(supra first having seen paragraph).
28.
The brief of November 4, 2003, in which the Commission referred to
compliance the fifth operative paragraph of the judgment on merits in this case, and
indicated that it understood that the cheque with the amount established by the
Court had effectively been “handed over to the Asociación de Abogados por las
Libertades Públicas [Lawyers for Public Freedoms Association].”
29.
The brief of November 11, 2003 and its attachments, in which the State
informed that en “June 21, 2002 paged the sum of US$4,290.00 by check addressed
to the Asociación de Abogados por las Libertades Públicas.” It also requested the
Court to “close the file in the said case.”
30.
The brief of November 11, 2003, in which the Asociación de Abogados por las
Libertades Públicas confirmed “that the Republic of Chile has duly complied with
payment of the sum of US$4,290 (four thousand two hundred and ninety dollars)
ordered in the fifth operative paragraph of the judgment of the Inter-American Court
of Human Rights of February 5, 2001, in “The Last Temptation of Christ” case.
CONSIDERING:
1.
That one of the inherent attributes of the jurisdictional functions of the Court
is to monitor compliance with its decisions.
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