2
Commission”) submitted its comments on the reports of the State and on the comments
submitted by the representatives.
6.
The Order regarding the instant case issued by the President in exercise of the InterAmerican Court on December 15, 2008, whereby, in consultation with the other judges of
the Tribunal, he convened the parties to a private hearing on monitoring compliance.
7.
The statements and the information furnished by the parties at the private hearing
on monitoring compliance with the Judgment held on January 20, 2009, during the LXXXII
Ordinary Period of Sessions of the Court, at the city of San José, Costa Rica.1
8.
The communications of July 25 and August 14, 2008; January 21, May 22 and June
18, 2009, of the Secretariat of the Inter-American Court (hereinafter, “the Secretariat”),
whereby it: a) called upon the State, in light of the fact that it had failed to submit the
report on compliance within the extension granted to it, to submit said report forthwith; b)
urged the State to furnish additional information on any progress made regarding the items
of the Judgment which are pending compliance, and c) informed the parties that, because
the State had failed to report on the progress made regarding the amendment of domestic
law to conform to international freedom of expression standards, Chile had been granted an
additional period of time to submit the relevant information.
9.
The communications of June 2, July 10 and 11, and September 17, 2008, whereby
Mrs. Anne Ellen Stewart-Orlandini referred to the lack of payment by Mr. Palamara-Iribarne
of the amounts payable to her pursuant to the Judgment.
CONSIDERING:
1.
That monitoring compliance with its judgments is a power inherent in the judicial
functions of the Court.
2.
That Chile has been a State Party to the American Convention on Human Rights
(hereinafter, “the American Convention” or “the Convention”) since August 21, 1990, and
accepted the compulsory jurisdiction of the Court that same day.
3.
That Article 68(1) of the American Convention establishes that “[t]he States Parties
to the Convention undertake to comply with the judgment of the Court in any case to which
they are parties.” To such end, States are required to guarantee implementation of the
1
Pursuant to Article 6(2) of the Rules of Procedure, the Court held a hearing with a commission of Judges
made up by: Judge Diego García-Sayán, incumbent President for the instant case; Judge Leonardo A. Franco and
Judge Rhadys Abreu-Blondet. At said hearing, there appeared: a) for the Inter-American Commission on Human
Rights: Lilly Ching, Advisor; b) for the State of Chile: Gonzalo García, Subsecretario de Guerra [Under-Secretary of
War]; Juan Aníbal Barría, Director de Derechos Humanos del Ministerio de Relaciones Exteriores [Human Rights
Director of the Ministry of Foreign Affairs]; Marcos Opazo, Asesor del Ministerio Secretario General de la Presidencia
[Advisor at the Ministry General Secretariat of the Presidency], and Pablo Contreras, Asesor de la Subsecretaría de
Guerra [Advisor at the Under-Secretariat of War], and c) for the victim: Alejandra Arancedo and Francisco
Quintana, Representatives.