declared inadmissible, as totally out of order, because it deals with
events that occurred before the deposit of the instrument of ratification
and that began prior to March 11, 1990. Consequently, and in light of
the reservation entered by the State, it argues that the facts of the
complaint are expressly excluded from the jurisdiction of the
Commission and of the Inter-American Court of Human Rights ("the
Inter-American Court").
3.
After examining the positions of the parties, the Commission has
concluded that it is competent to decide the complaint presented by the
petitioners and that the case is admissible, in light of Article 46 of the
American Convention. Consequently, the Commission has decided to
notify its decision to the parties and to publish this admissibility report
and include it in its Annual Report.
II.
PROCEEDINGS BEFORE THE COMMISSION
4.
On July 14, 2003 the Commission received by fax a complaint
alleging violations of the American Convention allegedly committed by
the refusal of the Chilean courts to grant reparations to the widow of Mr.
Augusto Alcayaga Aldunate, who was killed by State agents during the
military dictatorship. On August 11, 2003 the Commission received the
annexes to that petition, and it acknowledged receipt thereof on the
same day. On May 4, 2004 the complaint and its attachments were
transmitted to the government of Chile, with the request that it present
its response within two months. On February 18, 2005 the Government
of Chile responded to the petition. The State's response was presented
eight months after the time limit, and the State did not request an
extension nor offer any explanation for the delay in its response. 3 On
February 22, 2005 the Commission transmitted the State's response to
the petitioners. On April 26, 2005 the Commission received the
petitioners’ response to the State's observations, which it transmitted to
the State on August 11, 2005 without requesting any observations on
that response because it merely reiterated the arguments contained in
the petition. There has been no further correspondence with the parties
since that date.
3 Article 30(3) of the Commission's Rules of Procedure provides: “The State
shall submit its response within two months counted from the date the request
is transmitted. The Executive Secretariat shall evaluate requests for extensions
of this period that are duly founded. However, it shall not grant extensions
that exceed three months from the date of the first request for information
sent to the State.” The Commission is not supposed to take account of an
answer received late from the State but in this case, because of the
importance of the matter, it will take it into consideration
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