It should be added that the precedent established by deciding the said confidentiality in this
Judgment based on “security reasons” that are not explained or reported could be
detrimental to the administration of justice by the Court, inasmuch as it could grant a
certain margin of doubt to the general public’s assessment of the discretionality of such
decisions that could be perceived as arbitrary.
And this is especially because the mere general mention of “security reasons” made by the
entity requesting the said confidentiality or secret, without specifying what this consists in
or is based on, is unreasonable and absolutely insufficient as justification for the Judgment
that grants this confidentiality or secret, also without indicating the reasons that warrant it.
Conclusion
It is based on all the above that I conclude that the request to maintain the confidentiality
of the amounts decided in the Agreement could only have been made for it to have effect
until the Judgment was delivered, because the Judgment should, evidently, specifically
include those amounts and, consequently, they should be public knowledge, particularly to
ensure that the judgment may be duly executed and that third parties can assert their
rights. The principle of transparency that inspires the proceedings before the Court and all
its actions imposes this, with the obvious and justifiable exceptions that occur in certain
cases, but which do not exist in this one or, at least, are not recorded in the proceedings, so
that they cannot be assessed and understood as grounds for the decision taken.
Judge Eduardo Vio Grossi
Pablo Saavedra Alessandri
Secretary
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