concerning the concept of public use or social interest cited in cases involving the
expropriation of an individual's property.
25. The State maintains that this reservation is valid in accordance with the rules of the Vienna
Convention on the Law of Treaties, because it is not incompatible with the object and purpose of
the American Convention. That reservation, validly entered by the State, imposes two limitations
on the jurisdiction of the Commission for hearing individual petitions: “a restriction ex ratione
temporis and a restriction ex ratione materiae”.
26. In the present case, the State argues that the first of these limitations applies, in that the
jurisdiction of the oversight bodies was recognized only as of the deposit of the instrument of
ratification, and as regards events that began prior to March 11, 1990, such events are expressly
excluded from such jurisdiction.
27. The State noted that this decision relating to sovereignty did not deny the utility of the
mechanisms of the International Community in the handling of such situations, but that it was
convinced that the Chilean people and their democratically elected bodies were the appropriate
ones to attempt to heal the wounds left by the human rights violations that were committed
during the military régime. The State also explained that "inclusion of the reservation does not
imply that events prior to 1990 cannot be held against the State as an uninterrupted entity".
28. Consequently, Chile asked the Commission, pursuant to Article 47 (c) of the American
Convention, to declare this petition inadmissible because the petitioner's own statement reveals it
to be wholly out of order, on the grounds that it relates to events that occurred before the deposit
of the instrument of ratification and that began prior to March 11, 1990.
IV.
ANALYSIS OF ADMISSIBILITY
A.
General considerations
29. Before examining the admissibility of the complaint, the Commission deems it necessary to
clarify that the petitioners’ complaint in this case is not addressed to the illegal detention, torture
and expulsion of Leopoldo Garcia, at the hands of agents of the State agency during the military
régime, but rather questions the lack of access to civil reparations for torture victims, particularly
after recognition of State responsibility for the cases of torture documented in the Report of the
Commission on Political Imprisonment and Torture. The petitioners maintain that that Commission
offers a possibility for obtaining economic compensation for the victims of systematic torture by
the military régime, but that it fails to consider aggravating circumstances such as those of
victims who were rendered incapable of working or those who, in addition to being tortured, were
expelled from the country and are residing in countries where the basic cost of living is higher
than in Chile.
B.
Competence of the Commission ratione personae, ratione loci, ratione temporis,
and ratione materiae
30. The petitioners are entitled by Article 44 of the American Convention to present complaints
before the Commission. The petition names as the alleged victim Mr. Leopoldo Garcia, with
respect to whom Chile is committed to respect and guarantee the rights enshrined in the
American Convention. The 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.
31. The Commission has jurisdiction ratione loci inasmuch as the alleged violations took place
within the territory of Chile, a State party to the American Convention. The petitioner argues that
6
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents