2
the Court to declare that the State has violated the obligation arising from Article 2
(Obligation to Adopt Domestic Legal Remedies) of the Convention.
3.
The facts set forth in the application filed by the Commission are related to
the alleged failure to investigate and punish all those persons responsible for the
extra-legal execution of Mr. Almonacid-Arellano, based on the Amnesty Law enacted
in Chile by Decree Law No. 2.191 of 1978, as well as to the alleged lack of reparation
in favor of his next of kin.
4.
Furthermore, the Commission requested the Inter-American Court to order
the State, under Article 63(1) of the Convention, to take the measures of reparation
detailed in the application (infra para. 139). Lastly, the Commission requested the
Court to order the State to pay the costs and expenses arising from the domestic
legal proceedings and from the proceedings before the Inter-American System of
Human Rights.
II
COMPETENCE
5.
Chile has been a State Party to the American Convention since August 21,
1990, when it recognized the contentious jurisdiction of the Court. On that occasion
it declared that it recognized the jurisdiction of the Court pursuant to the provisions
of Article 62 of the Convention, only as regards the “events subsequent to the date
on which such Instrument of Ratification was deposited, or in any case, as regards
the events which took place after March 11, 1990.” In its preliminary objections, the
State alleged that the Court is not competent to hear the instant case (infra para.
38). Therefore, the Court shall first decide on the preliminary objections filed by the
Chilean State and, if legally relevant, it shall then decide on the merits and the
reparations and indemnities requested in the instant case.
III
PROCEEDING BEFORE THE COMMISSION
6.
On September 15, 1998 Mario Márquez-Maldonado and Elvira del Rosario
Gómez-Olivares filed a petition before the Inter-American Commission which was
admitted under No. 12.057.
7.
On October 9, 2002, during its 116th Session, the Inter-American
Commission issued Report No. 44/02, wherein it found the foregoing petition to be
admissible in relation to Articles 1(1), 8 and 25 of the American Convention. Such
report was passed on the State and the petitioners on October 29, 2002.
8.
On March 7, 2005, at its 122nd Session, the Commission issued Report on the
Merits No. 30/05, pursuant to Article 50 of the Convention. In said report, it
concluded that the State has violated the rights enshrined in Articles 8 and 25 of the
American Convention, in relation to Articles 1(1) and 2 thereof, to the prejudice of
Mr. Almonacid-Arellano’s next of kin, and made a number of recommendations in
order to repair such violations.
9.
On April 11, 2005 notice was served on the State of the Report on the Merits
and a two-month term was set for the State to inform the Commission of the
measures adopted regarding the above recommendations. On June 24, 2005 the
State requested the Commission that the term set for filing its response be extended