I INTRODUCTION OF THE CASE AND SUBJECT OF THE DISPUTE 1. Submission of the case and synopsis. On September 20, 2011, the Inter-American Commission on Human Rights (hereinafter “the Inter-American Commission” or “the Commission”), under the provisions of Articles 51 and 61 of the American Convention and Article 35 of the Court’s Rules of Procedure, submitted to the jurisdiction of the Court case No. 12,519 relating to García Lucero et al. against the Republic of Chile (hereinafter “the State” or “Chile”). 2. According to the Commission, this case concerns the State’s alleged international responsibility for the failure to investigate and to make integral reparation for the various acts of torture suffered by Leopoldo Guillermo García Lucero (hereinafter also “Leopoldo García Lucero,” “Leopoldo García,” “Mr. García Lucero” or “the presumed victim” 1) from the time of his arrest on September 16, 1973, until June 12, 1975, the date on which he left Chilean territory by a decision of the Ministry of the Interior. Since 1975, Mr. García Lucero has been living in the United Kingdom. According to the Commission, Chile “has failed to provide integral reparation for Mr. García Lucero, from an individualized perspective and taking into account that he lives in exile, as well as the permanent disability he suffers as a result of the torture he endured.” In addition, it indicated that the State had failed to comply with its obligation to investigate the said torture, ex officio, and had kept Decree-Law No. 2,191, which was incompatible with the American Convention, in force. The Commission added that, while the facts of the case related to the failure to investigate and make reparation for the acts of torture began before Chile had accepted the contentious jurisdiction of the Court on August 21, 1990, these omissions had continued after that acceptance, and continued to this day. 3. The Commission asked the Court to declare the violation of the rights to judicial guarantees and protection and to humane treatment, in relation to the general obligation to guarantee human rights, as well as the obligation to adapt its domestic legislation (Articles 8(1), 25(1), 5(1), 1(1) and 2 of the American Convention) and the obligation to investigate established in Article 8 of the Inter-American Convention to Prevent and Punish Torture (hereinafter also “the Inter-American Convention against Torture”), to the detriment of Leopoldo García Lucero and his family; also, the violation of the right to integral, adequate and effective reparation under the general obligation to ensure rights in keeping with Article 5(1) of the American Convention, in conjunction with Article 1(1) of this treaty, to the detriment of Mr. García Lucero. In addition, it asked that the Court declare the violation of the right to humane treatment established in Article 5(1) of the Convention, in relation to the general obligation to ensure human rights established in Article 1(1) of this instrument, to the detriment of Elena Otilia García (hereinafter also “Elena García”), wife of Mr. García Lucero, of her daughters, María Elena Klug and Gloria Klug, and of Francisca Rocío García Illanes. 2 Furthermore, the Commission asked the Court to order the State to adopt specific measures of reparation. 1 According to Article 2(25) of the Court’s Rules of Procedure, the expression “alleged victim” refers to the person whose rights under the Convention or another treaty of the inter-American system have allegedly been violated.” In this case, although the State acknowledged that Mr. García Lucero was a victim of torture, for the purpose of examining this case, the Court will understand that he is a presumed victim of the alleged violations indicated by the Commission and the representatives owing to the State’s violation of certain articles of the American Convention and the Inter-American Convention to Prevent and Punish Torture. 2 See infra para. 61 of this Judgment with regard to María Elena and Gloria Klug, and to Francisca Rocío García Illanes. 4