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3. Violating the right to humane treatment established at Article 5(1) of the
American Convention, in relation to the general obligation to ensure
human rights established at Article 1(1) of that treaty, to the detriment
of the wife of Mr. García Lucero (Ms. Elena García) and their daughters
(María Elena, Gloria, and Francisca García).
Accordingly, the Commission asks that the Inter-American Court order the
following measures of reparation:
1. Make integral and adequate reparation to Leopoldo García Lucero and his
family for the human rights violations established in the report, mindful
of his particular situation of being in exile and suffering a permanent
disability.
2. Ensure that Leopoldo García Lucero and his family have access to the
medical and psychiatric/psychological treatment necessary for assisting
in their physical and mental recovery at a specialized care center of their
choice, or the means to obtain such treatment.
3. Adopt the actions necessary to permanently void Decree Law No. 2191
– as it lacks effect in view of its incompatibility with the American
Convention, as it may impede or obstruct the investigation and
punishment of the persons responsible for serious human rights
violations – so that it is not an obstacle to the investigation, prosecution,
and punishment of the persons responsible for similar violations that
occurred in Chile, and the victims’ rights to truth, justice, and reparation.
4. Proceed immediately to investigate the facts impartially, effectively, and
within a reasonable time for the purpose of clarifying them completely,
identifying the perpetrators, and imposing the appropriate sanctions. In
carrying out this obligation, the Chilean State cannot invoke Decree Law
No. 2191.
In addition to the need to obtain justice for victims, the IACHR, notes that
this case incorporates issues that go to the inter-American public order of human
rights.
Specifically, this case will enable the Court to develop its case-law on the
scope of the duty to ensure the right to humane treatment, in its components of
reparation and investigation. Specifically, in terms of the duty to make reparation,
this case entails an in-depth analysis of the elements that constitute the concept of
integral reparation, from an individualized perspective. In addition, the Court may
rule on the scope and implications of the obligation to make reparation in special
circumstances such as exile or permanent disability.
In addition, the instant case offers an opportunity for the Court to reiterate
its case-law on the incompatibility of Decree Law No. 2191 with the American
Convention and to order specific measures aimed at eliminating the effects of that
provision in the Chilean legal order, given the failure to implement, to date, what
the Court ordered with respect to this statute in the case of Almonacid Arellano et
al.