TABLE OF CONTENTS I INTRODUCTION OF THE CASE AND SUBJECT OF THE DISPUTE 4 II PROCEEDINGS BEFORE THE COURT 6 8 III COMPETENCE IV PRELIMINARY OBJECTION: LACK OF TEMPORAL AND MATERIAL COMPETENCE 8 A. ARGUMENTS OF THE PARTIES AND OF THE COMMISSION 8 B. CONSIDERATIONS OF THE COURT 10 B.1.) REGARDING THE LACK OF MATERIAL COMPETENCE 10 B.2.) REGARDING THE LACK OF TEMPORAL COMPETENCE 11 V EVIDENCE 15 A. DOCUMENTARY, TESTIMONIAL AND EXPERT EVIDENCE 16 B. ADMISSION OF THE DOCUMENTARY EVIDENCE 16 C. ADMISSION OF THE STATEMENTS OF THE PRESUMED VICTIMS, AND THE TESTIMONIAL AND EXPERT EVIDENCE 17 18 VI FACTS A. BACKGROUND: FACTS PRIOR TO THE ACCEPTANCE OF THE CONTENTIOUS JURISDICTION OF THE COURT 18 A.1) CONTEXT 18 A.2.) SITUATION OF LEOPOLDO GARCÍA LUCERO AND HIS FAMILY 19 A.2.1) Regarding Mr. García Lucero and his family 19 A.2.2) Detention, torture and exile of Leopoldo García Lucero (from September 16, 1973, to June 12, 1975) 20 A.2.3) Decree Law No. 2,191 or Amnesty Law 21 A.2.4) National Truth and Reconciliation Commission (Rettig Commission) 21 B. FACTS SUBSEQUENT TO THE ACCEPTANCE OF JURISDICTION 22 B.1. SYSTEM OF REPARATIONS ADOPTED BY THE STATE 22 B.1.1) Law No. 19,123 - National Compensation and Reconciliation Board 22 B.1.2) Laws that regulate the pension and special bonus payment for those “dismissed for political reasons” 23 B.1.3) Laws relating to Chileans who were exiled 23 B.1.4) Human Rights program “No hay Mañana sin Ayer” 24 B.1.5) National Commission on Political Imprisonment and Torture (Valech Commission) 24 B.2) MEASURES OF REPARATION GRANTED TO MR. GARCÍA LUCERO BY THE STATE 25 B.2.1) Benefit as a Person Dismissed for Political Reasons under Law No. 19,234 26 B.2.2) Special compensatory bonus payment under Law No. 20,134 27 B.3.3) One-time bonus payment under Law No. 19,992 27 B.3 CURRENT SITUATION OF MR. GARCÍA LUCERO 27 C. FACTS RELATING TO THE INVESTIGATION OPENED ON OCTOBER 7, 2011 27 VII JUDICIAL GUARANTEES AND JUDICIAL PROTECTION IN RELATION TO THE GENERAL OBLIGATION TO ENSURE HUMAN RIGHTS AND THE OBLIGATION TO ADAPT DOMESTIC LEGISLATION AND THE OBLIGATIONS TO INVESTIGATE AND TO PUNISH ACTS OF TORTURE AND TO GUARANTEE THEIR INTEGRAL REPARATION 34 A. INTRODUCTION 34 B. REGARDING THE INVESTIGATION OF THE FACTS 36 36 B.1) ARGUMENTS OF THE COMMISSION AND OF THE PARTIES B.2) CONSIDERATIONS OF THE COURT 39 B.2.1) Regarding the immediate opening of an investigation ex officio 40 2