INTER - AMERICAN COMMISSION ON HUMAN RIGHTS
COMISION INTERAMERICANA DE DERECHOS HUMANOS
COMISSÃO INTERAMERICANA DE DIREITOS HUMANOS
COMMISSION INTERAMÉRICAINE DES DROITS DE L'HOMME
ORGANIZACIÓN DE LOS ESTADOS AMERICANOS
WASHINGTON, D.C. 2 0 0 0 6 EEUU
September 20, 2011
Re.:
Case No. 12.519
García Lucero et al
Chile
Mr. Secretary:
I am pleased to address you on behalf of the Inter-American Commission on
Human rights for the purpose of submitting Case No. 12,519, García Lucero et al.
with respect to the Republic of Chile (hereinafter “the State of Chile,” “the Chilean
State,” or “Chile”), to the jurisdiction of the Honorable Inter-American Court of
Human Rights; the case concerns the failure to investigate and make integral
reparation for the various acts of torture suffered by Mr. Leopoldo García Lucero
from his detention on September 16, 1973, until June 12, 1975, the date on which
he left Chilean territory by decree of the Ministry of Interior. Since 1975, Mr. García
Lucero has been in the United Kingdom. Specifically, the State has failed to provide
integral reparation for Mr. García Lucero, from an individualized perspective and
taking into account the situation of exile in which he finds himself, as well as the
permanent disability he suffers as a result of the torture. In addition, the State has
breached its duty to investigate such acts of torture at its own initiative, and it has
kept Decree Law No. 2191 – which is incompatible with the American Convention
– in force.
The State ratified the American Convention on Human Rights on August 21,
1990, and accepted the contentious jurisdiction of the Inter-American Court that
same day. In addition, it ratified the Inter-American Convention to Prevent and
Punish Torture on September 30, 1988.
While the facts of the case related to the failure to investigate and make
reparation for the acts of torture began before Chile accepted the contentious
jurisdiction of the Inter-American Court on August 21, 1990, these omissions have
continued subsequent to that acceptance, and continue to this day.
Mr. Pablo Saavedra Alessandri, Secretary
Inter-American Court of Human Rights
Apartado 6906-1000
San José, Costa Rica
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