The Commission has designated Commissioner Rose Marie B. Antoine and the Executive
Secretary of the IACHR, Emilio Álvarez Icaza L., as its delegates. Likewise, Elizabeth Abi-Mershed,
Assistant Executive Secretary, and Silvia Serrano Guzmán, María Claudia Pulido, and Norma Colledani,
attorneys of the Executive Secretariat of the IACHR, will serve as legal advisors.
In accordance with Article 35 of the Rules of Procedure of the Inter-American Court, the
Commission has attached hereto a copy of Report 119/13, prepared in compliance with Article 50 of the
Convention, together with a copy of the complete record of the case before the Inter-American
Commission (Appendix I) and the documents used in the preparation of Report 119/13 (Annexes). Said
report on the merits was notified to the State of Chile in a communication dated November 12, 2013,
and transmitted to it on November 13 of the same year. The report gave the State two months to report
on compliance with the recommendations. On January 7, 2014, the State requested a two-month
extension, which the Commission granted. On March 27 and April 11, 2014, the Chilean State submitted
reports that did not show any substantive progress in the implementation of recommendations.
Thus, the information provided on the two criminal proceedings predates the report on the
merits. As concerns the cases not yet brought to trial, the State indicated that proceedings must be set
in motion by the petitioners themselves which, in the Commission’s view, constitutes a continuing
breach of the obligation to investigate acts of torture ex officio. With regard to the duty to investigate
the officials who failed to launch investigations, the State simply noted that, in making said
recommendation, the Commission was ignoring that individual liability could not be established. As
regards the key recommendation in the case, i.e., that there must be an effective remedy concerning
convictions that would enable the exclusionary rule to be enforced in respect of evidence obtained
under torture, the State merely indicated that the victims could file a “new motion to reopen the case,”
without making specific comments on the fact that the violation determined by the Commission
stemmed specifically from the fact that the Supreme Court of Justice had declared itself incompetent to
nullify the Court Martial’s decisions. Lastly, with respect to reparations, the State reported on
reparations received under the national program on reparations for torture victims, a matter that is not
the subject of the case. The State did not report on reparation measures implemented as a result of
violations in the case, specifically the various components of the denial of justice as described in the
report on the merits.
The State did not request a new extension to fulfill with the recommendations. Under those
circumstances, and in view of the need to obtain justice for the victims in the case, the Commission
decided to submit it to the Inter-American Court.
The Inter-American Commission requests that the Court conclude and declare that:
1.
The Chilean State is responsible for violation of its obligation to investigate
torture in accordance with the provisions of articles 8 and 25 of the American
Convention, read in conjunction with Article 1(1) thereof and to the detriment of the
victims and their next of kin. In application of the principle of iura novit curiae, the
Commission also finds that the State is responsible for violation of articles 1, 6, and 8 of
the Inter-American Convention to Prevent and Punish Torture, and for violation of its
obligation under the American Convention to adopt domestic legal measures (Article 2),
to the detriment of the victims and their next of kin.
2