-3I INTRODUCTION OF THE CASE AND CAUSE OF THE ACTION 1. The case submitted to the Court. On May 17, 2017, the Inter-American Commission on Human Rights (hereinafter “the Inter-American Commission” or “the Commission”) submitted the case of María Laura Órdenes Guerra et al. against the Republic of Chile (hereinafter “the State” or “Chile”) to the jurisdiction of the Inter-American Court, pursuant to Articles 51 and 61 of the American Convention and Article 35 of the Court’s Rules of Procedure. According to the Commission, the case concerns the alleged responsibility of the State for the violation of the rights to judicial guarantees and judicial protection as a consequence of the application of the statute of limitations to civil actions for reparations related to crimes against humanity. The alleged victims are seven groups of people1 who, between 1997 and 2001, filed seven separate civil actions for damages for the kidnapping and disappearance or execution of their family members by State agents in 1973 and 1974, during the military dictatorship. These actions were rejected between 1999 and 2003, by first instance courts, appellate courts or the Supreme Court of Justice, based on the application of the statute of limitations established in the Civil Code. Although the alleged victims have received a monthly administrative pension under the provisions of Law 19.123 of 1992, as well as other benefits in some cases (reparation bonus or compensatory award), the Commission considered that the existence of an administrative reparations program does not prevent the victims of serious violations from claiming reparations through the courts and that, in the case of crimes against humanity, it is unreasonable to deny them their rights to reparations on the grounds that the statute of limitations has expired. 2. Proceedings before the Commission. The following proceedings took place before the Commission: a. Petitions. On July 14, September 3 and October 24, 2003, as well as on January 22, 2004, the Commission received four petitions presented by the attorney Nelson Caucoto on behalf of the alleged victims. b. Admissibility reports. On October 12, 2005, the Commission issued Admissibility Reports Nos. 60/052, 61/053, 62/054 and 59/055, which declared that petitions Nos. 511-03, 698-03, 86203 and 381-04, respectively, were admissible. The alleged victims are the following: Next of kin of Augusto Andino Alcayaga Aldunate: María Laura Órdenes Guerra (wife), Ariel Luis Antonio Alcayaga Órdenes (son), Marta Elizabeth Alcayaga Órdenes (daughter), Augusto Oscar Amador Alcayaga Órdenes (son), Gloria Laura Astris Alcayaga Órdenes (daughter) and María Laura Elena Alcayaga Órdenes (daughter). On July 14, 2017, the representative reported that María Laura Órdenes Guerra had died and that her applications “[would] continue, but through her heirs, specifically her children”, three of whom were granted a judicial mandate, namely: Gloria Laura Astrid, August Óscar Amador and María Laura Elena. Next of kin of Jorge Ovidio Osorio Zamora: Lucía Morales Compagnon (wife), Jorge Roberto Osorio Morales (son), Carolina Andrea Osorio Morales (daughter), Lucía Odette Osorio Morales (daughter) and María Teresa Osorio Morales (daughter). Next of kin of Hipólito Pedro Cortés Alvarez: Alina María Barraza Codoceo (wife), Eduardo Patricio Cortés Barraza (son), Marcia Alejandra Cortés Barraza (daughter), Patricia Auristela Cortés Barraza (daughter), Nora Isabel Cortés Barraza (daughter) and Hernán Alejandro Cortés Barraza (son). Next of kin of Mario Ramiro Melo Prádenas: Mario Melo Acuña (father), Ilia María Prádenas Pérez (mother) and Carlos Gustavo Melo Prádenas (brother). The representative reported that the parents of Melo Prádenas had died and that his brother would continue the applications. Next of kin of Ramón Luis Vivanco Díaz: Pamela Adriana Vivanco Medina (daughter). Next of kin of Rodolfo Alejandro Espejo Gómez: Elena Alejandrina Gómez Vargas (mother) and Katia Ximena Espejo Gómez (sister). Next of kin of Sergio Alfonso Reyes Navarrete: Magdalena Mercedes Navarrete (mother), Jorge Alberto Reyes Navarrete (brother), Patricio Hernán Reyes Navarrete (brother) and Víctor Eduardo Reyes Navarrete (brother). The representative reported that his mother and two of his brothers (Jorge Alberto and Víctor Eduardo) would continue with the applications. 1 Cf. IACHR, Report No. 60/05 (Admissibility), Petition 511-03, María Órdenes Guerra; Chile, October 12, 2005. Available at: http://www.IACHR.oas.org/annualrep/2005sp/Chile511.03sp.htm 2 Cf. IACHR, Report No. 61/05 (Admissibility), Petition 698-03, Lucía Morales Compagnon et al.; Chile, October 12, 2005. Available at: http://www.IACHR.oas.org/annualrep/2005sp/Chile698.03sp.htm 3 Cf. IACHR, Report No. 62/05 (Admissibility), Petition 862-03, Alina María Barraza Codoceo et al.; Chile, October 12, 2005. Available at: http://www.IACHR.oas.org/annualrep/2005sp/Chile862.03sp.htm 4 Cf. IACHR, Report No. 59/05 (Admissibility), Petition 381-04, Magdalena Mercedes Navarrete Faraldo et al.; Chile, October 12, 2005. Available at: http://www.IACHR.oas.org/annualrep/2005sp/Chile381.04sp.htm 5

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