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III
JURISDICTION
12.
The Court has jurisdiction to hear this case pursuant to Article 62(3) of the Convention,
since Chile has been a State Party to the American Convention since August 21, 1990, and accepted
the Court’s contentious jurisdiction on the same date.
IV
ACKNOWLEDGEMENT OF INTERNATIONAL RESPONSIBILITY OF THE STATE
Acknowledgement of responsibility by the State and observations of the Commission
and the representative
i.
Regarding the facts
13.
The State indicated that it “accepts the facts that have been considered proven by the […]
Commission in Chapter IV of its Report. […] It emphasized that this acceptance of the factual
framework of the case refers only to the judicial proceedings initiated by the alleged victims in this
case in order to obtain civil reparations; therefore, any additional complaint referring to the criminal
investigation of the events that occurred during the military dictatorship is outside the scope of this
statement.” The State considered that, “in order to find fair solutions to the particular problems of
the instant case, […] it is important to make a specific ruling on the acceptance of the following
facts: the persons who were detained, abducted and/or disappeared and executed by agents of the
State during the military dictatorship in 1973 and 1974, who are mentioned in the IACHR Merits
Report, are part of the list of victims of human rights violations recognized by the State of Chile in
the Report of the National Truth and Reconciliation Commission (Rettig Commission), of February
8, 1991. […] The family members of the victims recognized by the State and mentioned in said
Report […] have not received financial reparations through the courts. However, most of them have
received various administrative benefits and other bonuses under the provisions of laws enacted as
part of the reparations policy implemented by the State after democracy was restored.
14.
The Commission considered that the acknowledgement of responsibility made by the State
is complete, inasmuch as it includes the entire factual framework established in the Merits Report.
ii.
Regarding the merits of the case
15.
The State pointed out that “Chile acknowledges its full international responsibility for the
violation of the rights to judicial guarantees and judicial protection, enshrined in Articles 8(1) and
25(1) of the American Convention, in connection with the general obligation to respect the rights
recognized therein and the duty to adopt provisions of domestic law, established in Articles 1(1)
and 2, respectively, to the detriment of the victims indicated in the Merits Report.” In stating that
it agrees with the Commission as to the subject matter of the instant case, the State recalled the
case law of this Court on the rights of access to justice, truth and reparation; and the nonapplicability of statutes of limitations to crimes against humanity, among others. In considering
that such standards “constitute the variables of analysis for its declaration of international
responsibility,” the State indicated:
“[…] its willingness to accept the conclusions and the related legal consequences contained in the Merits
Report adopted by the IACHR. In particular, it accepts that it violated the right to judicial guarantees by
not establishing the right of the alleged victims to obtain civil reparations. It also violated the right to
judicial protection by not determining the right of the alleged victims to obtain civil reparations. In
addition, it breached the right to judicial protection by not guaranteeing an effective remedy, in