6
the United Kingdom under which benefits of this kind would be afforded to exiled Chileans residing
in the UK. The petitioners allege that the State should sign cooperation agreements with other
countries, as it did in the case of Argentina, so that Chileans living in exile have access to
reparations measures that include medical and psychological treatment. They also argue how
important it would be if the educational benefits could be passed down to one’s children, since the
torture victims are adults and most are not in any mental condition to undertake academic study.
The petitioners also contend that unlike the case of Almonacid Arellano, the next of kin of García
Lucero –or at least his wife, who since 1975 has had to devote herself entirely to his care-, has not
received any monetary, health or education benefits.
23.
The petitioners contend that as a result of the torture the alleged victim suffered, his
health continues to deteriorate. They also point out that the British Health System is not able to
provide him with either the medical treatment he needs for his back problem or psychological
treatment. The petitioners attach psychiatric evaluations of the alleged victim and his wife, carried
out in the United Kingdom in 2007, stating their frail mental health as a result of the facts alleged.
Those reports state that until the present case is resolved, any treatment the alleged victim might
receive would be useless.
24.
The petitioners maintain that Mr. García Lucero is vulnerable on two fronts: on the
one hand, he is a survivor of torture living in a foreign country; on the other, he has a permanent
disability that prevents him from working. The petitioners also make reference to the consequences
that the alleged victim suffers as a person in exile (a breaking-off with one’s country of origin, a
break of family ties, the expenses and burdens of moving to another country, the fact that the
United Kingdom is far from Chile, the problems created by having to live in a country that speaks a
language different from one’s own). These problems have allegedly inflicted harm that has not been
properly redressed. The petitioners acknowledge the policies the State has adopted for persons
returning from exile, but point out that Mr. García Lucero is elderly, in frail health, vulnerable and
fearful of becoming the target of persecution; all of which are factors that prevent Mr. García
Lucero from returning to his home country. As for the disability caused by the torture, the alleged
victim alleges that he cannot work or learn English, which means that he and his family limited
financial resources.
25.
In their arguments on the merits, the petitioners contend that impunity and the
inability to obtain adequate and timely compensation constitute inhuman and degrading treatment to
the detriment of Mr. García Lucero and his wife, in violation of Article 5 of the American
Convention.
B.
The State
26.
The State argues that this case is solely about the facts that have been alleged with
respect to reparations, and not about those concerning the harm done to Mr. García Lucero as a
result of the torture of which he was victim during the military dictatorship or the implementation of
Amnesty Decree Law 2191. According to the State, the torture and implementation of Decree Law
2191 are not within the Commission’s competence ratione temporis. It also contends that the
petitioners have not filed any complaint or suit in Chile alleging that the alleged victims were denied
justice by virtue of the existence of Decree Law 2191 or the fact that civil suits are not the proper
recourse to obtain reparations. Hence, the State argues that the petitioners cannot contend that the
alleged victim was denied access to justice in Chile or that the courts have been manifestly unfair to
him.
27.
On the matter of Decree Law 2191, the State contends that it is public knowledge
that this law “has not been an obstacle to the implementation of reparations policies, policies of
which the alleged victim could be and has been the beneficiary.” The State goes on to argue that