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.