4 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.

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