The declaration of inapplicability for unconstitutionality of Article 5 No. 3 of the Code of Military Justice: The role of the Constitutional Court in the enforcement of the sentence of Palamara Iribarne case
This article presents and discusses certain aspects of the judgments of the Constitutional Court, in which it is declared the inapplicability for unconstitutionality of Article 5 No. 3 of the Code of Military Justice. This provision allocates competence to the Military Courts regarding common c...
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| Format: | Article |
| Language: | Spanish |
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Universidad de Chile
2015-10-01
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| Series: | Anuario de Derechos Humanos |
| Online Access: | https://anuariocdh.uchile.cl/index.php/ADH/article/view/37495 |
| Summary: | This article presents and discusses certain aspects
of the judgments of the Constitutional Court, in
which it is declared the inapplicability for unconstitutionality
of Article 5 No. 3 of the Code of
Military Justice. This provision allocates competence
to the Military Courts regarding common crimes
committed by military officials against civilians
or other military officers. This article specifically
analyzes the reasoning behind the majority vote
of the judgments that refer to the question on
whether the provision of the Code of Military
Justice is compatible with the Constitution, the
American Convention on Human Rights and the
jurisprudence of the Inter-American Court of
Human Rights. Additionally, the article aims to
determine if the Constitutional Court ought to play
a role in the enforcement of the judgment of the
Palamara Iribane case through the conventionality
control mechanism, in relation to the adaptation
of the Military Justice to the standards set by the
Inter-American Human Rights System. |
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| ISSN: | 0718-2058 0718-2279 |