Commission notes that Chile has been a State Party to the American
Convention since August 21, 1990, when it deposited its instrument of
ratification. The Commission therefore has jurisdiction ratione personae
to examine the petition.
19. The Commission has jurisdiction ratione materiae because the
petition complains of possible violations of human rights protected under
the American Convention that, if proven, could constitute violations of
Articles 1(1), 2, 8 and 25 of the Convention. The petitioner also alleged
violations of Articles 4, 5, 7, 24 and 63(1) of the American Convention,
but offered no arguments or evidence to substantiate such violations.
Specifically, the petitioner alleges the denial of justice in the fact that in
2003 the Chilean Supreme Court denied his application for
compensation for mental suffering occasioned by the alleged arbitrary
arrest, torture and execution of Mr. Hipólito Pedro Cortés Álvarez by
State agents.
20. The principal argument presented in the response by the State on
February 18, 2005 is that Chile is not responsible, under the American
Convention, for violations allegedly committed during the period
between September 11, 1973 and March 11, 1990. The Commission
considers that in the case at hand the allegations refer only to the
judgments handed down by the Chilean courts between 1999 and 2003,
when the Convention was already in force for Chile. As to the State's
argument that the Commission should declare the petition inadmissible
because the events had their origin prior to March 11, 1990, the
Commission rejects this argument because the judicial proceedings
constitute events independent of the summary executions. The
Commission cites as authority for this conclusion the judgment of
November 23, 2004 in the case of the Sisters Serrano Cruz v. El
Salvador, in which the Inter-American Court held:
84.
The Court considers that the events that occurred after
recognition of the Court's jurisdiction by El Salvador, referring to
the alleged violations of Articles 8 and 25 of the Convention in
relation with Article 1.1 thereof, are not excluded by the limitation
imposed by the State, because what is at issue are judicial
decisions constituting independent events that began after El
Salvador's recognition of the Court's jurisdiction, and that could
constitute specific and independent instances of the denial of
justice occurring after recognition of the Court's jurisdiction.
21. In the case at hand, as in the Sisters Serrano Cruz case, the
petitioner has alleged a violation of due process, in particular, that the
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