Prisoners and Torture. The State stressed that it was not questioning the
utility of participation by the international community in the handling of
such situations, but that it was convinced that the Chilean people and
their democratically elected bodies were the appropriate ones to attempt
to heal the wounds left by the human rights violations that were
committed during the military régime.
19.
Consequently, Chile asked the Commission to declare this
petition inadmissible, and to do the same with 13 other petitions to
which it was responding at the same time, on the grounds that they
relate to”Situations occurring subsequent to the date of deposit of the
instrument of ratification" and "to circumstances which arose
after March 11, 1990."
IV.
A.
ANALYSIS OF ADMISSIBILITY
General considerations
20.
Before examining the admissibility of the complaint, the
Commission deems it necessary to clarify that the petitioners’ complaint
in this case is not addressed to the summary execution of Augusto
Alcayaga Aldunate, nor to any possible violation of Article 4 of the
American Convention. Nor does the complaint concern the criminal
investigation of that extrajudicial execution. The petitioners question the
refusal of the Chilean courts to grant compensation to Mrs. Ordenes,
particularly after recognition, in the Rettig Report, of State responsibility
for the execution of Mr. Augusto Alcayaga Aldunate, and the
compatibility of those decisions with the State's obligations under the
American Convention.
B.
Competence of the Commission Ratione Materiae, Ratione
Personae, Ratione Temporis, and Ratione Loci
21.
The petitioners are entitled by Article 44 of the American
Convention to present complaints before the Commission. The petition
names as the alleged victim Mrs. Maria Ordenes Guerra, with respect to
whom Chile is committed to respect and guarantee the rights enshrined
in the American Convention. The Commission notes that Chile has been
a State Party to the American Convention since August 21, 1990, when
it deposited its instrument of ratification. The Commission therefore has
jurisdiction ratione personae to examine the petition.
22.
The Commission has jurisdiction ratione materiae because
the petition complains of possible violations of human rights protected
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