-9its acknowledgement of responsibility.14 The representative stated that “the acknowledgement of
responsibility expressed by the State of Chile – which could be seen as a positive step that would
facilitate the settlement of this dispute, under Articles 62 and 63 of its Rules of Procedure, elicits
[the] suggestion [to ask the Court to formulate] a proposal to the parties [to] reach a friendly
settlement agreement.” In such, case he requested that several claims for reparation be
considered.15 The representative reiterated this point in his final arguments, in which he also made
further requests for reparations.16
Considerations of the Court
23.
In accordance with Articles 62 and 64 of the Rules of Procedure,17 and in exercise of its powers
of international judicial protection of human rights, a matter of international public order, it is
incumbent upon this Court to ensure that acts of acknowledgement of responsibility are acceptable
for the purposes sought by the inter-American system. In doing so, the Court must not only verify
the formal conditions of said acts, but also examine them in relation to the nature and seriousness
of the alleged violations, the requirements and interests of justice, the specific circumstances
surrounding a particular case, and the attitude and position of the parties, in such a way that it can
determine, as far as possible and in exercise of its jurisdiction, the judicial truth of what happened.18
The representative forwarded copies of three recent letters from the State Defense Council in which the latter responded to claims filed
by him in cases pending before the domestic courts.
14
15
The representative made the following requests in his brief of observations on the State’s acknowledgment of responsibility:
1) The State should issue an express statement, in the specific case, that the extinctive prescription is not applicable to civil actions arising
from crimes under international law -particularly war crimes and crimes against humanity, such as those committed in Chile in the past- which
are aimed at repairing the damage caused to the petitioners and relatives of the victims of these crimes.
2) The State, through the Judiciary or any other body it may designate, could define a legal mechanism that would allow for the repeal or
annulment of the judicial rulings denounced, but only with regard to the declaration of the statute of limitations of the civil action or the civil
part thereof, in the case of crimes under international law, or define some legal, administrative or other type of remedy that would provide for
the corresponding reparation and compensation, ensuring that it is a quick, effective and efficient mechanism.
3) In relation to the amount of the reparation, the criteria for determining it are those contained in the jurisprudence of the Court; in the
Principles for the Protection and Promotion of Human Rights through Action to Combat Impunity (United Nations, 2005); in previous solutions
adopted (as in the case of Carmelo Soria Espinoza before the Commission, in which the State undertook in a compliance agreement to pay
the sum of one million five hundred thousand dollars to his family as compensation, or in the case of Orlando Letelier and Ronni Moffit, in which
the "Bryan" Commission of the United States ordered, inter alia, the payment of ex gratia compensation for moral damages of US$ 160,000.00
in favor of the widow and US$ 80.000,00 for each of the four children); as well as the standards currently applicable by the Chilean judiciary.
4) As a measure of non-repetition that would benefit other petitioners who are affected by a situation of violation of human rights identical to
that in the present case, the creation of an effective mechanism to safeguard the right to judicial protection and judicial guarantees in these
cases and the right to reparation for victims of crimes under international law.
In addition, the representative pointed out that there are several cases before the Inter-American Commission, where he acts on behalf of other
persons, in which the subject matter of the cases coincides with that raised in the present case and in which the State should adopt a criterion of
acknowledgement of responsibility identical to that expressed in the present case. Therefore, it would be appropriate to urge the State to express
the same recognition in these cases and thus lay the groundwork for reaching an amicable settlement agreement and prevent these victims
from being subjected to further delays that harm or hinder the realization of their rights.
In addition to what was indicated in the previous note, in his final written arguments the representative asked the Court to order the
State, as measures of non-repetition, “to offer a public apology to the petitioning parties, including an acknowledgment of the facts and acceptance
of its responsibility,” as well as “the inclusion of a precise account of the violations that occurred in the teaching of international human rights
standards and international humanitarian law [and], in educational materials at all levels, in particular, in the Judicial Academy for judges of the
Republic of Chile”.
16
Articles 62 and 64 of the Rules of Procedure of the Court establish the following: “Article 62. Acquiescence: If the respondent informs
the Court of its acceptance of the facts or its total or partial acquiescence to the claims stated in the presentation of the case or in the brief
submitted by the alleged victims or their representatives, the Court shall decide, having heard the opinions of all those participating in the
proceedings and at the appropriate procedural moment, whether to accept that acquiescence, and shall rule upon its juridical effects.” “Article
64. Continuation of a case: Bearing in mind its responsibility to protect human rights, the Court may decide to continue the consideration of a
case notwithstanding the existence of the conditions indicated in the preceding Articles.”
17
Cf. Case of Kimel v. Argentina. Merits, reparations and costs. Judgment of May 2, 2008. Series C No. 177, para. 24; and Case of
Ramírez Escobar et al. v. Guatemala. Merits, reparations and costs. Judgment of March 9, 2018. Series C No. 351, para. 27.
18