REPORT Nº 60/05 1
PETITION 511/03
ADMISSIBILITY
MARIA ÓRDENES GUERRA
CHILE
October 12, 2005
I.
SUMMARY
1.
On July 14, 2003, the lawyer Nelson Caucoto, acting on behalf of
Maria Laura Ordenes Guerra ("the petitioners"), submitted a complaint
to the Inter-American Commission on Human Rights ("the Commission")
against the Republic of Chile ("the State") for the alleged violation of the
rights to a fair trial (Article 8) and to judicial protection (Article 25),
together with violation of the obligations to respect rights and to adopt
appropriate measures (Articles 1 and 2) established in the American
Convention on Human Rights ("the American Convention"), for allegedly
failing to provide reparation and compensation for the suffering caused
to Mrs. Maria Ordenes Guerra after the murder of her husband, Mr.
Augusto Andino Alcayaga Aldunate, who was kidnapped and
assassinated by State agents on September 17, 1973 during the military
dictatorship. 2
2. With respect to admissibility of the complaint, the petitioner argued
that the action of the Chilean courts had closed off the possibility of
accessing justice and that the petition meets the requirements of form
and substance for admissibility. The petitioners complain that judicial
action was initiated to obtain compensation for the kidnaping and
murder of Augusto Alcayaga Aldunate, but that the case was rejected by
the Chilean judicial system on grounds of the statute of limitations
(prescripción), denying the petitioners access to justice and to judicial
reparations. In response, the Chilean State asked that the complaint be
1 Commissioner José Zalaquett, a Chilean national, did not participate in
the discussion or decision of the case, in accordance with Article
17(2)(a) of the Commission's Rules of Procedure.
2 The petitioners also cited violations of Articles 4, 5, 7, 24 and 63(1),
which were not supported by the complaint. During its 119th session,
the Commission decided to open this case, among others, for the
alleged violation of the right to a fair trial. As explained in paragraph 20,
below, the core of the petition relates to the rejection of judicial
reparations and not to the summary execution of Mr. Augusto Alcayaga
Aldunate.
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