2
presented their comments on the State’s first report. In this respect, they indicated
that the State had not amended its domestic laws and had not complied by
eliminating prior censorship in order to allow exhibition of the film “The Last
Temptation of Christ.” They also stated that “[i]n view of the gravity of noncompliance with the judgment by the State of Chile [...] and to avoid aggravating
international responsibility and another fundamental rights violation by the Chilean
Legislature relating to the impaired rights,” they requested the Court to adopt
provisional measures.
4.
The brief with comments by the Inter-American Commission on Human Rights
(hereinafter “the Inter-American Commission” or “the Commission”) of October 15,
2001, in which it requested the Court: to declare that the State had not adopted the
necessary measures to amend its domestic laws; to remind the State of its obligation
to do so; to request the State to provide information in this respect, and to order it
to allow exhibition of the film “The Last Temptation of Christ.”
5.
Note CDH-11,803-137 of October 30, 2001, in which the Secretariat of the
Court (hereinafter “the Secretariat”), on the instructions of the President of the Court
(hereinafter “the President”), informed the victims and their representatives, with
regard to the request for provisional measures (supra third having seen paragraph),
that “the President of the Court [,] having consulted all the judges, consider[ed]
that, in addition to not being in the presence of a case of extreme gravity and
urgency and of irreparable damage (Article 63(2) of the American Convention on
Human Rights), this request [was] not a matter for provisional measures but
[formed] part of compliance with the judgment on merits and reparations […]”.
6.
The brief of the State of November 14, 2001, in which it reported “on
progress concerning the measures adopted by the Chilean Government in order to
comply with the judgment of the Court.” In this respect, it indicated that “on August
25, 2001, the constitutional reform eliminating cinematographic censorship and
substituting it by a system of classification for the exhibition of cinematographic
productions, to be regulated by law, was published in the Official Gazette.”
7.
Note CDH-11,803/144 of December 6, 2001, in which the Secretariat, on the
instructions of the whole Court, requested the State to indicate in its second report
on compliance, whether its domestic laws had been amended in order to eliminate
prior censorship so as to allow exhibition of the film “The Last Temptation of Christ.”
8.
The second report of the State of January 16, 2002, in which it referred to the
measures taken to reform the Chilean Constitution so as to establish the right to
freedom of artistic creation and to eliminate cinematographic censorship, and
indicated that “it [would] take all pertinent steps to ensure[,] using legal and
constitutional means, that the draft law on Cinematographic Classification becomes
law as soon as possible […], without this signifying interference in the activities of
any other power of the State, such as the Legislature[,] thereby guaranteeing
appropriate independence between the two Powers.”
9.
The brief of February 15, 2002, and is attachment, in which the Commission
presented its comments on the State’s second report. In this respect, it requested
the Court: to declare that the State had not complied with the judgment of February
5, 2001; to remind the State of its obligation to amend its domestic laws; to request
Chile to present information on the measures taken to that effect, and to allow
exhibition of the film “The Last Temptation of Christ.”
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