4.
Proceedings before the Commission. The proceedings before the Commission were as
follows:
a.
Petition. On May 20, 2002, the organization Seeking Reparation for Torture Survivors
(hereinafter “REDRESS”) lodged the petition before the Commission.
b. Admissibility Report. On October 12, 2005, the Commission adopted Admissibility
Report No. 58/05. 3
c.
Merits Report. On March 23, 2011, the Commission adopted Merits Report No. 23/11, 4
under Article 50 of the Convention (hereinafter also “the Merits Report” or “Report No.
23/11”), in which it reached a series of conclusions and made several recommendations to
the State.
Conclusions. The Commission concluded that the State was responsible for violating:
Right to justice established in Article XVIII of the American Declaration; the
rights to judicial guarantees, judicial protection and humane treatment, in conjunction
with the general obligation to ensure human rights, as well as the obligation to adapt
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 InterAmerican Convention to Prevent and Punish Torture, to the detriment of [Mr.] García
Lucero and his family.
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 instrument, to the detriment of [Mr.] García Lucero.
The right to humane treatment established in Article 5(1) of the American
Convention, in relation to the general obligation to ensure human rights established in
Article 1(1) of this instrument, to the detriment of the wife of [Mr.] García Lucero
(Elena García) and their daughters (María Elena, Gloria and Francisca García).
Recommendations. Consequently, the Commission made a series of recommendations to
the State:
1.
Make integral and adequate reparation to Leopoldo García Lucero and his family
for the human rights violations established in the report, mindful of his particular situation
of being in exile and suffering a permanent disability.
2.
Ensure that Leopoldo García Lucero and his family have access to the medical
and psychiatric/psychological treatment necessary for assisting in their physical and
mental recovery at a specialized care center of their choice, or the means to obtain such
treatment.
3.
Adopt the actions necessary to permanently void Decree Law No. 2191 – as it
lacks effect in view of its incompatibility with the American Convention, as it may impede
or obstruct the investigation and punishment of the persons responsible for gross human
rights violations – so that it is not an obstacle to the investigation, prosecution, and
punishment of the persons responsible for similar violations that occurred in Chile, and
the victims’ rights to truth, justice, and reparation.
4.
Proceed immediately to investigate the facts impartially, effectively, and within a
reasonable time for the purpose of clarifying them completely, identifying the
perpetrators, and imposing the appropriate sanctions. In carrying out this obligation, the
Chilean State cannot invoke Decree Law No. 2191.
3
In which it admitted the case in relation to the presumed violations of the rights recognized in Articles 8
and 25 of the Convention, in conjunction with Articles 1(1) and 2 of this instrument.
4
Merits Report No. 23/11, Case 12,519, García Lucero and his next of kin, March 23, 2011 (file of annexes
to the Merits Report, tome I, folios 12 to 43).
5