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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.