REPORT Nº 59/05 1
PETITION 381/04
ADMISSIBILITY
MAGDALENA MERCEDES NAVARRETE, ALBERTO REYES NAVARRETE,
VÍCTOR EDUARDO REYES NAVARRETE, PATRICIO HERNÁN REYES
NAVARRETE, PAMELA ADRIANA VIVANCO, KATIA XIMENA DEL CARMEN
ESPEJO GÓMEZ, ELENA ALEJANDRINA VARGAS GÓMEZ, ILIA MARÍA
PRADENAS PÁEZ, MARIO MELO ACUÑA, CARLOS GUSTAVO MELO
PRADENAS
CHILE
October 12, 2005
I.
SUMMARY
1.
On January 22, 2004 the lawyer Nelson Caucoto ("the
petitioner") submitted a complaint to the Inter-American Commission on
Human Rights ("the Commission") against the Republic of Chile ("the
State") for the alleged violation of the rights to a fair trial (Article 8) and
to judicial protection (Article 25), together with violation of the
obligations to respect rights and to adopt appropriate measures (Articles
1.(1) and 2) established in the American Convention on Human Rights
("the American Convention"), for allegedly failing to provide reparation
for damages suffered by the relatives of Mario Melo Pradenas, Ramón
Luis Vivanco, Rodolfo Alejandro Espejo Gómez and Sergio Alfonso Reyes
Navarrete, who were detained and subsequently disappeared at the
hands of State agents during the military dictatorship. 2
2.
With respect to the admissibility of the complaint, the
petitioner argued that the action of the Chilean courts had closed off the
possibility of access to justice and that the petition meets the
requirements of form and substance for admissibility. In response, the
Chilean State asked that the complaint be declared inadmissible, as
totally out of order, because it deals with events that occurred before
1 Commissioner José Zalaquett, a Chilean national, did not participate in the
discussion or decision of the case, in accordance with Article 17(2)(a) of the
Commission's Rules of Procedure.
2 The petitioner also alleged violations of Articles 4, 5, 7, 24 and 63 (1), but
these were not supported by the complaint. During its 119th session the
Commission decided to open this case, among others, because of the alleged
violation of the right to a fair trial. As explained in paragraph 19 (infra) below,
the core of the petition refers to the rejection of judicial reparation and not to
the summary execution of Messrs. Melo Pradenas, Vivanco, Espejo Gomez and
Reyes Navarette.
1
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