REPORT No. 23/11 CASE 12.519 MERITS LEOPOLDO GARCÍA LUCERO AND NEXT OF KIN CHILE 1 March 23, 2011 II. SUMMARY 1. The organization Seeking Reparation for Torture Survivors (“REDRESS”) (hereinafter “the petitioners”) filed a complaint with the Inter-American Commission on Human Rights (hereinafter “the Inter-American Commission,” “the IACHR” or “the Commission”) against the Republic of Chile (hereinafter “the State,” “the Chilean State” or “Chile”) for alleged violation of the rights protected under Articles 5(1), 8 and 25 of the American Convention on Human Rights (hereinafter “the American Convention” or “the Convention”), in conjunction with violation of the general obligations undertaken in Articles 1(1) and 2 thereof, and Article 9 of the Inter-American Convention to Prevent and Punish Torture for its failure to investigate alleged acts of torture that occurred between September 16, 1973 and June 12, 1975, and the lack of adequate and timely redress of the harm caused to Mr. Leopoldo García Lucero (hereinafter “Leopoldo García Lucero”, “Mr. García Lucero” or “the alleged victim”). Mr. García Lucero and his family currently reside in the United Kingdom, which granted him refugee status since he was expelled from Chilean territory by virtue of a June 1975 decree issued by the Ministry of the Interior. The petitioners contend that Mr. García Lucero is vulnerable on two fronts –which the State has not duly considered- inasmuch as he is in exile and suffers a permanent disability as a result of torture. 2. The State, for its part, alleges that this case is only about Mr. García Lucero’s reparations and not about the acts of torture, the State’s investigation thereof, and the existence of an amnesty law in Chile. The State contends that in this case the Commission only has competence to examine the State’s obligations since the American Convention entered into force with respect to Chile on August 21, 1990. The State also argues that, like thousands of Chileans, Mr. García Lucero was a beneficiary under the Reparations Program that the State created and that he has in fact received compensation and that he may be able to claim other benefits under the Program for Reparations and Comprehensive Health Care -PRAIS- as other victims of torture have done. 3. In the present report, the IACHR concludes that the Chilean State is responsible for violation of the rights recognized in Article XVIII of the American Declaration of the Rights and Duties of Man (hereinafter “the American Declaration”), Articles 5(1), 8(1) and 25(1) of the American Convention, in relation to the obligations undertaken in Articles 1(1) and 2 thereof, and the obligation contained in Article 8 of the Inter-American Convention to Prevent and Punish Torture, to the detriment of Mr. García Lucero and his next of kin. 4. Therefore, the Commission is making the following recommendations to the Chilean State: (1) fully and adequately compensate Leopoldo García Lucero and his next of kin for the human rights violations established in this report, given his particular situation as a person living in exile and his permanent disability; (2) ensure that Leopoldo García Lucero and his family have access to the medical and psychiatric/psychological care needed to assist with their physical and mental recovery in a specialized facility of their choosing and near their place of residence, or the means to obtain that care; (3) adopt the measures needed to permanently void the effects of Decree 1 Commission member Felipe González, a Chilean national, did not participate in the examination of and voting on this report, in keeping with Article 17(2) of the Commission’s Rules of Procedure.