3 whether an effort has been made to contact Mr. García Lucero or his representatives. With respect to the recommendation to “Ensure that Leopoldo García Lucero and his next of kin have access to the medical and psychiatric/psychological treatment needed to assist in their physical and mental recovery at a specialized facility of his choosing, or the means to secure” such treatment, the Commission observes that the State reiterated the information produced in the merits stage on its health care program for victims of human rights violations. Based on the conclusions of the IACHR, this program does not apply to the victim as he is in exile, and, therefore, it is not an adequate mechanism for making reparation in his particular case. With respect to the recommendation to “Adopt the measures needed to permanently void … Decree Law No. 2191 –given its lack of effects due to its incompatibility with the American Convention, since it can prevent or hinder the investigation and punishment of persons responsible for serious human rights violations- so it does not pose an obstacle to the investigation, prosecution and punishment of other similar violations that occurred in Chile, and the rights of the victims to truth, justice and reparations,” the State reported on two bills that the Commission was already aware of when it adopted the report on the merits. The information available indicates that they continue to be pending before the legislature. In addition, the State reiterated that Decree Law No. 2191 has not been applied by the courts. Nonetheless, as the IACHR established in the report on the merits, the jurisprudential criterion mentioned, while constituting progress, does not meet the obligation to bring the domestic legislation into line with the American Convention. As for the recommendation “To immediately proceed to investigate, impartially, effectively and within a reasonable time frame the facts…, with the objective of completely clarifying them, identifying those responsible and punish them accordingly,” the State merely reported that it asked, through the Ministry of Justice, that the respective judicial actions be initiated. There is no information whatsoever about the result of this request or as to whether the investigations actually took place. The Inter-American Commission asks the Inter-American Court to conclude and find that the State of Chile is internationally responsible for: 1. Violating the right to judicial guarantees, to judicial protection, and to humane treatment, in conjunction with the general obligation to ensure human rights as well as the duty to adapt its domestic legislation (Article 8(1), 25(1), 5(1), 1(1), and 2 of the American Convention); and of the duty to investigate established at Article 8 of the Inter-American Convention to Prevent and Punish Torture, to the detriment of Mr. García Lucero and his family. 2. Violating the right to integral, adequate, and effective reparation, under the general obligation to ensure rights in keeping with Article 5(1) of the American Convention in conjunction with Article 1(1) of the same Convention to the detriment of Mr. García Lucero.

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