the deposit of the instrument of ratification and that began prior to March 11, 1990. Consequently, and in light of the reservation entered by the State, it argues that the facts of the complaint are expressly excluded from the jurisdiction of the Commission and of the InterAmerican Court of Human Rights. 3. After examining the positions of the parties, the Commission has concluded that it is competent to decide the complaint presented by the petitioner and that the case is admissible, in light of Article 46 of the American Convention. Consequently, the Commission has decided to notify its decision to the parties and to publish this admissibility report and include it in its Annual Report. II. PROCEEDINGS BEFORE THE COMMISSION 4. On January 22, 2004 the Commission received a complaint submitted by the lawyer Nelson Caucoto, and it acknowledged receipt thereof on April 22 of that year. On May 4, 2004 the complaint and its attachments were sent to the Government of Chile, with the Commission’s request that it present its response within two months. On February 18, 2005 the Government of Chile responded as to the admissibility of the petition. The State's response was presented seven months after the time limit, and the State did not request an extension nor offer any explanation for the delay in its response. 3 On February 22, 2005 the Commission transmitted the State's response to the petitioner. On April 26, 2005 the Commission received the petitioner's response to the State's observations, but requested no observations on that response because it merely reiterated the arguments contained in the petition. There has been no further correspondence with the parties since that date. III. A. POSITIONS OF THE PARTIES Position of the petitioner 5. The petition points out that, in the wake of the tremendous devastation in terms of human lives and disappearances left behind by the military dictatorship, Chile has been opening the way to 3 Article 30(3) of the Commission's Rules of Procedure provides: “The State shall submit its response within two months counted from the date the request is transmitted. The Executive Secretariat shall evaluate requests for extensions of this period that are duly founded. However, it shall not grant extensions that exceed three months from the date of the first request for information sent to the State.” 2

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents