3.
Appeal for cassation Case 2850-2001, “PIZZANI CON
FISCO DE CHILE’ case, ruling of 15 April 2003. Victim: Juan
Chamorro Arévalo, kidnapped and disappeared in the city of
Concepción on 16 September 1973.
The petitioner argued that there was no possibility of changing the
membership of the Civil Chamber, and that consequently the outcome of
these cases is thoroughly predictable: civil action will be declared out of
order, because of the statute of limitations (prescripción), and the
relatives of the victims will be denied reparation. The uniformity of the
principles repeatedly espoused by the supreme tribunal of the Republic,
the petitioner argues, has also affected the lower courts, both at first
and second instance, which have adopted the same attitude in denying
reparation to the relatives of the victims. The petitioner asked: "What is
the point of waiting three, four, five or more years, which is the time
these trials take from the beginning until the final judgment, if we
already know that their outcome is a foregone conclusion?"
12.
The petitioner complains that in all these rulings the courts
have denied reparations, thereby violating the standards of international
law, in general, and those of the American Convention, in particular,
which require states to offer reparation for the human rights violations
committed by their agents. The petitioner maintains that application of
the civil law statute of limitations to the cases at hand is "extraordinarily
erroneous, prejudicial to the interest of the victims, their relatives, and
a violation of the international law of human rights". By applying these
provisions that deny the right to reparations, the courts are thereby
placing the State of Chile in a flagrant violation of the American
Convention, since Article 2(1) this treaty requires states to adapt their
internal legislation to the provisions of the Convention, something that
has not occurred in this case.
13.
On the basis of these facts and considerations, the
petitioner asked to the Commission to admit the complaint and to
declare that the judgments of the Chilean courts, in applying the civil
law statute of limitations cases involving the violation of human rights,
and, thereby, preventing just reparations to the relatives of the victims,
have violated the commitments assumed by the Chilean State when it
became a party to the American Convention, in particular, the rights
enshrined in Articles 1(1), 2, 8 and 25 of that treaty.
B.
Position of the State
5
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