4.
The application was notified to the State and to the representatives on October 19,
2010.
5.
On December 25, 2010, Macarena Sáez, Helena Olea and Jorge Contesse, indicating
that they were the representatives of Ms. Atala and her daughters M., V. and R6
(hereinafter, the “representatives”) filed a brief with the Court containing pleadings,
motions and evidence (hereinafter, “brief of pleadings and motions”) according to article 40
of the Court's Rules of Procedure7. The representatives indicated that they agreed in full
with the facts presented in the application and asked the Court to declare the international
responsibility of the State for the violation of articles 11 (Right to Private and Family Life),
17 (Right to a Family), 19 (Rights of the Child), 24 (Right to Equality) and 25 (Judicial
Protection) of the Convention, in relation to article 1.1 thereof. In consequence, they
requested that the Court order several reparation measures.
6.
On March 11, 2011, Chile filed with the Court a brief containing its response to the
application and the observations to the brief of pleadings and motions (hereinafter, “brief of
response”). In said brief, the State contested all the claims presented by the Commission
and the representatives and denied its international responsibility for the alleged violations
of the American Convention. In relation to the measures of reparation requested by the
Commission and the representatives, the State requested that the Court dismiss the claim
in its entirety. The State appointed Mr. Miguel Angel González and Ms. Paulina González
Vergara as Agents.
II
PROCEEDING BEFORE THE COURT
7.
Through a Decision issued on July 7, 20118, the President of the Court ordered the
receipt of various statements in this case. Likewise, he summoned the parties to a public
hearing, which was held on August 23 and 24, 2011, during the 92nd regular sessions of
the Court, in the city of Bogota, Colombia9.
6
As mentioned subsequently (infra paras. ¡Error! No se encuentra el origen de la referencia., ¡Error!
No se encuentra el origen de la referencia. and ¡Error! No se encuentra el origen de la referencia. to 71),
regarding the representation of the girls M., V. and R., in the Decision of November 29, 2011 the Court noted that
the file contained no specific statements by the girls M., V. and R. as to whether they agreed to be represented by
either one of their parents and whether they wished to be considered as alleged victims in this case. Accordingly, a
judicial proceeding was held to directly hear the daughters M. and R (infra para. ¡Error! No se encuentra el
origen de la referencia.).
7
Ms. Karen Atala Riffo appointed Macarena Sáez from the organization “Libertades Públicas A.G”, Helena
Olea from “Corporación Humanas, Centro Regional de Derechos Humanos y Justicia de Género” and Jorge Contesse
from “Centro de Derechos Humanos de la Universidad Diego Portales”, as her representatives.
8
See Case of Atala Riffo and daughters V. Chile. Order of the President of the Inter-American Court of
Human Rights of July 7, 2011. Available at: http://corteidh.or.cr/docs/asuntos/atala_21_08_11.pdf
The representatives requested a modification in the format of two statements, which was accepted by the full
Court. See Case of Atala Riffo and daughters V. Chile. Order of the Inter-American Court of Human Rights of
August 21, 2011.Available at: http://corteidh.or.cr/docs/asuntos/atala_21_08_11.pdf
9
The following persons attended this hearing: a) on behalf of the Inter-American Commission:
Commissioner Rodrigo Escobar Gil and legal advisors Silvia Serrano and Rosa Celorio; b) on behalf of the
representatives: Helena Olea Rodríguez, Macarena Sáez Torres, Jorge Contesse Singh, José Ignacio Escobar Opazo,
Francisco Cox Vial and Catalina Lagos Tschorne, and c) on behalf of the State: Agents Miguel Ángel González
Morales and Paulina González Vergara; Gustavo Ayares Ossandón, Ambassador of Chile to Colombia; Ricardo
5