2
Accordingly, the Inter-American Court has jurisdiction to rule on the
omissions of the Chilean State since the acceptance of the contentious jurisdiction
of the Court, i.e. since August 21, 1990. Thus, for example, in 2004 the report of
the National Commission on Political Imprisonment and Torture for Clarification of
the Truth was published; that report makes reference to the violations suffered by
Mr. García Lucero. Despite this, the State continued to fail to carry out its obligation
to perform an investigation into these facts on its own initiative. In addition, the
Court has jurisdiction to rule on the insufficiency of the measures ordered by the
State on behalf of Mr. García Lucero since its recognition of jurisdiction, for
example, the pension since 2000 and the bonds received in 2006 and 2008, in light
of international standards on integral reparation for serious human rights violations.
These omissions and their effects on Mr. García Lucero and his family continue to
constitute a breach of the duty to make reparation and to investigate the torture
suffered by Mr. García Lucero.
The Commission has designated Commissioner José de Jesús Orozco
Henríquez and the Executive Secretary of the IACHR, Santiago A. Canton, as its
delegates. In addition, Elizabeth Abi-Mershed, Assistant Executive Secretary, and
Silvia Serrano Guzmán, María Claudia Pulido, and Fanny Gómez Lugo, attorneys
with the Executive Secretariat of the IACHR, will serve as legal advisers.
In keeping with Article 35 of the Rules of Procedure of the Inter-American
Court, the Commission attaches a copy of report 23/11, drawn up pursuant to
Article 50 of the Convention, as well as a copy of the entire record of the case
before the Inter-American Commission (Appendix I) and the annexes used in
preparing report 23/11 (Annexes). That report on the merits was transmitted to the
State of Chile by communication of April 20, 2011; the State was given two
months to report on implementation of the recommendations. On June 21, 2011,
the Chilean State requested an extension to report on implementation of the
recommendations. The Commission granted that extension for two months, and
requested that the State present reports on progress in their implementation on
August 31 and September 8, 2011.
The State presented the two reports required and requested a new
extension. Nonetheless, since the content of those reports does not reflect
substantial progress in implementing the recommendations, the IACHR decided to
reject the new request for an extension, and to submit the case to the jurisdiction of
the Inter-American Court in light of the need to obtain justice for the victims.
In terms of the recommendation to “Fully and adequately compensate
Leopoldo García Lucero and his next of kin for the human rights violations
established…, in a manner that takes into account his specific condition, as he is in
exile and permanently disabled,” the Commission observes that the Chilean State
conditioned the possibility of providing compensation to the victim on the pursuit of
a domestic judicial proceeding related to state responsibility. In that sense, the
State has not adopted measures on its own initiative to carry out this
recommendation. The only specific measure proposed by the State – related to the
purchase and shipment of equipment that could contribute to improving the victim’s
physical condition – has yet to be implemented, nor is there any information as to