Inter-American Court of Human Rights
Case of Almonacid-Arellano et al v. Chile
Judgment of September 26, 2006
(Preliminary Objections, Merits, Reparations and Costs)
In the case of Almonacid-Arellano et al,
The Inter-American Court of Human Rights (hereinafter “the Inter-American Court”
or “the Court”), composed of the following judges:*
Sergio García-Ramírez, President;
Alirio Abreu-Burelli, Vicepresident;
Antônio A. Cançado-Trindade, Judge;
Manuel E. Ventura-Robles, Judge; and
Diego García-Sayán, Judge.
Also present,
Pablo Saavedra-Alessandri, Secretary, and
Emilia Segares-Rodríguez, Deputy Secretary,
Pursuant to Articles 62(3) and 63(1) of the American Convention on Human Rights
(hereinafter “the Convention” or “the American Convention”) and Articles 29, 31,
53(2), 55, 56 and 58 of the Rules of Procedure of the Court (hereinafter “the Rules
of Procedure”), delivers the following Judgment.
I
INTRODUCTION TO THE CASE
1.
On July 11 2005, pursuant to the provisions of Articles 50 and 61 of the
American Convention, the Inter-American Commission on Human Rights (hereinafter
“the Commission” or “the Inter-American Commission”) filed before the Court an
application against the Republic of Chile (hereinafter “the State” or “the Chilean
State”) originating in petition No. 12.057, received at the Secretariat of the
Commission on September 15, 1998.
2.
The Commission filed the application in the instant case before the Court so
that it decide whether the State has violated the rights enshrined in Articles 8
(Judicial Guarantees) and 25 (Judicial Protection) of the American Convention, in
relation to Article 1(1) (Obligation to Respect Rights) thereof, to the prejudice of Luis
Alfredo Almonacid-Arellano’s next of kin. Furthermore, the Commission requested
*
Judge Oliver Jackman informed the Court that, for reasons of force majeure, he would not take
part in the deliberation and passing of this Judgment. Judge Cecilia Medina-Quiroga, of Chilean nationality,
declined to take part in the deliberation and passing of this judgment.