La declaración de inaplicabilidad del artículo 5 Nº 3 del Código de Justicia Militar: el rol del Tribunal Constitucional en el cumplimiento de la sentencia del caso Palamara Iribarne

Abstract

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.