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2.
The right to full, adequate and effective reparations, under the general obligation to
ensure, pursuant to Article 5(1) of the American Convention in conjunction with
Article 1(1) thereof, to the detriment of Mr. García Lucero.
3.
The right to personal integrity, recognized in Article 5(1) of the American
Convention, in relation to the general obligation to ensure the free and full exercise
of human rights, set forth in Article 1(1) thereof, to the detriment of Mr. García
Lucero’s wife (Mrs. Elena García) and his daughters (María Elena, Gloria and
Francisca García).
VIII.
RECOMMENDATIONS
117.
Based on the above analysis and conclusions,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS RECOMMENDS THE CHILEAN
STATE TO:
1.
Fully and adequately compensate Leopoldo García Lucero and his next of kin for the
human rights violations established in this report, in a manner that takes into account his specific
condition, as he is in exile and permanently disabled.
2.
Ensure that Leopoldo García Lucero and his next of kin have access to the medical
and psychiatric/psychological treatment needed to assist in their physical and mental recovery at a
specialized facility of his choosing, or the means to secure this recovery.
3.
Adopt the measures needed to permanently void the effects of Decree Law No.
2191 –given its lack of effects due to its incompatibility with the American Convention, since it can
prevent or hinder the investigation and punishment of persons responsible for serious human rights
violations- so it does not pose an obstacle to the investigation, prosecution and punishment of other
similar violations that occurred in Chile, and the rights of the victims to truth, justice and
reparations.
4.
To immediately proceed to investigate, impartially, effectively and within a
reasonable time frame the facts in the terms established in the present report, with the objective of
completely clarifying them, identifying those responsible and punish them accordingly. In the State’s
compliance with this obligation, it can not allege the fact that the Decree Law No. 2191 is in effect
in Chile.
5.
The Commission decides to forward this report to the State, which will have two
months to comply with its recommendations. This time period shall commence as of the date on
which this report is transmitted to the State. The Commission also decides to notify the petitioners
that a report has been approved pursuant to Article 50 of the American Convention.