2.
The Chilean State is responsible for failing to adopt the domestic legal provisions
to ensure the existence of an effective remedy by which to enforce the exclusionary rule
in respect of confessions made under torture, pursuant to the provisions of Article 25
and, in application of the principle of iura novit curiae, Article 2 of the American
Convention read in conjunction with its Article 1(1) and Article 10 of the Inter-American
Convention to Prevent and Punish Torture, to the detriment of the victims and their
next of kin.
Therefore, the Commission requests that the Inter-American Court order the following
reparation measures:
1.
Investigate, prosecute, and punish the alleged torture committed against the
victims in this case.
2.
Establish any criminal and/or administrative blame there may be for the failure
to investigate the torture suffered by the victims in the present case, which was brought
to the attention of the Chilean judicial authorities.
3.
Adopt the measures necessary to afford an effective judicial recourse for the
protection of the violated rights of the victims and their next of kin, particularly with
respect to the evidentiary value attached to the confessions made under torture.
4.
Make full reparations to the victims and their next of kin, which shall include
pecuniary and non-pecuniary damages for the human rights violations herein
established.
5.
Adopt the legislative, administrative, and other measures necessary to make
Chile’s laws and practices conform to the inter-American standards on the subject of
torture and judicial protection.
6.
Take measures to prevent a repetition of acts similar to those at issue in the
present case.
In addition to the need to obtain justice because of noncompliance with the recommendations
made in the report on the merits, the Commission considers that the case involves issues of interAmerican public order (ordre public). Specifically, the instant case will offer the Honorable Court the
opportunity to rule on State obligations regarding judicial protection to guarantee that victims have an
effective remedy to ensure that past incidents of torture, even those outside the jurisdiction of the
Inter-American Court, no longer have consequences, specifically, the judicial means a State should
provide so that protection under the exclusionary rule is indeed effective.
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