11
the representative described such failures, thus preventing the Court from
establishing the facts they refer to and, therefore, the date on which they occurred,
whereby said argument is dismissed.
50.
As to the effectiveness of Decree Law No. 2.191, it cannot be claimed that the
alleged violation of Article 2 of the American Convention started as a result of the
entry of such decree law into force and that, therefore, the Court is not competent to
hear this fact. Such violation of Article 2 of the American Convention started when
the State bound itself to adapt its domestic legislation to the provisions of the
Convention, that is, at the moment the State ratified the Convention. In other words,
the Court is not competent to declare that an alleged violation of Article 2 of the
Convention was committed at the moment such decree-law was enacted (1978), nor
as regards the effectiveness and enforcement thereof up to August 21, 1990, for
until such date the State did not have the duty to adapt its domestic legislation to
the standards of the American Convention. Notwithstanding, since that date the
Chilean State has had the duty to do so and the Court is competent to declare
whether it has complied with it or not.
51.
In view of the foregoing, the first preliminary objection is dismissed.
SECOND PRELIMINARY OBJECTION:
VIOLATIONS IN THE PROCESSING BEFORE THE COMMISSION
52.
Arguments of the State
a)
by means of communication of April 11, 2005, the Inter-American
Commission informed the State that it had issued Report on the Merits
No. 30/05 on March 7, 2005. In said communication the State was
also requested to inform the Commission within two months as from
the date of service of such Report on the measures adopted to comply
with the recommendations of the Commission therein contained;
b)
on April 15, 2005, the State requested an extension of the term set to
accomplish the foregoing, on the grounds that the Report on the Merits
had not been attached in full to the communication of April 11. The
entire version of the Report was received a month later, on May 12,
2005. This resulted in unfavorable conditions for the State regarding
the term it had been granted to inform the Commission on the
measures adopted to comply with its recommendations, as the original
two-month term to accomplish it was not extended;
c)
again, on June 15, 2005, the State requested that an extension of
such term be granted so that it may have the three-month term set
forth in Article 51 of the Convention, which was dismissed;
d)
on July 11, 2005 the State filed with the Commission its report on the
measures adopted to comply with the recommendations contained in
Report on the Merits No. 30/05, thus fulfilling its duty to inform the
Commission of such measures within the term set to that purpose;
e)
it is to be assumed with good reason that the application against the
Chilean State was drawn up without having seen, or even hurriedly
considered, the communication of July 11, 2005 on the measures