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. 3

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