military tribunals, in time of war, are non-reviewable, and, therefore, that Court did not have jurisdiction to hear the motion.2 Against that decision, the petitioners filed a motion to reopen (recurso de revisión), which was denied on December 9, 2002. The State responded to the Commission’s request for its observations on the admissibility of this petition by note dated February 18, 2005, in which it requested the Commission to declare the petition inadmissible because it dealt with events that occurred prior to March 11, 1990. In this report, the Commission analyzes the information submitted in accordance with the American Convention and it concludes that the petition complies with the admissibility requirements set forth in Article 46 of the American Convention. Consequently, the Commission decides to declare the case admissible, to notify the parties of this decision, and to continue with the analysis of the merits relative to the alleged violations of Articles 8(1), 8(2)(h), 9, 11(1), 24, 25, and 27(2) of the American Convention in breach of the State’s obligations under Article 1(1) of the same instrument. In addition, the Commission decides to publish the report in its Annual Report. II. PROCESSING BEFORE THE COMMISSION 5. On June 25, 2003, the Commission transmitted the complaint concerning Mr. Omar Humberto Maldonado Vargas et al. to the Government of Chile and requested it to reply within two months. On September 15, 2003, after the expiration of the two-month deadline, the Government of Chile requested a 30-day extension from the Commission to reply to the allegations in the complaint. On December 1, 2003, the Commission informed the State that it had granted the requested 30-day extension to respond. On February 18, 2005, the Government of Chile responded to the petition. III. POSITIONS OF THE PARTIES A. Position of the Petitioners 6. The petitioners state that on September 11, 1973, a military coup overthrew the constitutional government of Salvador Allende Gossens. As a consequence, a policy of political persecution was implemented against the adherents of the deposed government that affected not only civilians but also members of the military who were loyal to the Constitution and the law. Within this context of political repression, the de facto government proceeded to arrest the individuals who are the subjects of this case and brought them before a Court Martial. 7. The petitioners state that the de facto government, by Decree Law No. 5 of 1973, established the state of siege throughout the national territory, arguing its similarity to a state of war, by reason of which not only would the special powers of any constitutional state of emergency be in force, but also in time of war the courts act, using procedures similar to those of a summary proceeding. The original complaint described political meetings held by civilians and personnel of the Chilean Air Force (Fuerza Aérea de Chile, or “FACH”), in the offices of the former vice-president of the Bank, Carlos Lazo Frias. As a result of the complaint, the Air Force Prosecutor brought charges against the members of the FACH who are the subject of this petition. And so, on September 14, 1973, a Court Martial was convened – based on the complaint by the then-President of the Banco del Estado de Chile, Air Brigade General Enrique González Battle, to the Office of the Air Force Prosecutor – the proceedings captioned “Aviación/Bachelet et al. ROL 1-73.” 8. The petitioners state that the constitutionalist officers and non-commissioned officers who opposed the military coup by Augusto Pinochet were accused of sedition and treason. On July 30, 1974, a judgment was handed down in the first part and on January 27, 1975, a judgment was handed down in the second part of the proceeding. The judgments included five death 2 The Supreme Court of Chile cites Art. 70-A of the Code of Military Justice in its ruling. Art. 70-A notes: “It is also up to the Supreme Court, made up by the Auditor General of the Army or whomever is to subrogate him, to also exercise the maintenance, discipline, and economic powers referred to in Article 2 of this code, in relation to the administration of military justice in times of peace, and to take cognizance of: 2. Motions to reopen cases, against the firm judgments on military jurisdiction in peacetime. 2