I
INTRODUCTION OF THE CASE AND CAUSE OF ACTION
1.
The case is submitted to the Court. On December 13, 2019, the Inter-American Commission
on Human Rights (hereinafter “the Inter-American Commission” or “the Commission”) submitted
to the jurisdiction of the Court the case of The Teachers of Chañaral and other Municipalities v.
the Republic of Chile (hereinafter “the State” or “Chile”). The Commission explained that the case
involves the alleged violation of the right to judicial protection due to the failure to serve thirteen
final, non-appealable judicial decisions handed down on behalf of 848 teachers.1 The Commission
asked that the State be held responsible for violating the right to due process, right to property,
and right to judicial protection established in Articles 8(1), 21, 25(1) and 25(2)(c) of the American
Convention, read in conjunction with Articles 1(1) and 2 thereof, in injury of 848 teachers.
2.
Proceedings before the Commission. The following proceedings took place before the
Commission:
a) Petition. On November 23, 2005, the Commission received the originating petition,
submitted by two law firms, Etcheberry/Rodríguez and Colombara Olmedo.
b) Admissibility Report. On March 20, 2013, the Commission approved Admissibility
report No. 28/13.
c) Merits Report. On February 12, 2019, the Commission approved Merits Report No.
12/19, drawing a body of conclusions,2 and extended several recommendations to
the State.
d) Notification to the State. The State was notified of the Merits report on April 3,
2019 and given a term of two months to report back on adoption of the
recommendations. The State replied to the Merits report on May 20, 2019, and
since that date, has requested three time extensions for implementing the
recommendations in the report. The Commission granted the State three time
extensions and convened the parties to a working meeting during its 174th session.
On December 3, 2019, the State argued that the events taking place at that time
in Chile had hampered the operation of public offices and it had therefore been
unable to provide a timely response; it stated that it would give its reply to the
offer of an agreement on compliance by December 13, 2019, at the latest. After
granting this extension, the Commission held that the State had not submitted
information on concrete measures adopted to carry out the terms of the
recommendations.
1
The cases are: (1) Benavides Montaña et al. v. the Municipality of Chañaral, Docket No. 18,629-1994 (80
teachers); (2) Aguilar Lazcano et al. v. the Municipality of Chanco, Docket No. 221-1993 (10 teachers); (3) Abarza
Farías et al. v. the Municipality of Chanco, Docket No. 217-1993 (70 teachers); (4) Alegría Cancino et al. v. the
Municipality of Pelluhue, Docket No. 218-1993 (28 teachers); (5) Aravena Espinoza et al. v. the Municipality of
Pelluhue, Docket No. 222-1993 (4 teachers); (6) Bayer Torres et al. v. the Municipality of Parral, Docket No. 4,2741993 (6 teachers); (7) Bustamante Sánchez et al. v. the Municipality of Parral, Docket No. 4,071-1992 (27 teachers);
(8) Belmar Montero et al. v. the Municipality of Parral, Docket No. 4,051-1992 (35 teachers); (9) Salazar Aravena et
al. v. the Municipality of Parral, Docket No. 4,096-1992 (22 teachers); 10) Ramírez Ortiz et al. v. the Municipality of
Vallenar, Docket No. 4,443-1993 (193 teachers); (11) Agurto Chien Juisan et al. v. the Municipality of Cauquenes,
Docket No. 63-1993 (1 teacher); (12) Barra Henríquez et al. v. the Municipality of Cauquenes, Docket No. 123-1993
(36 teachers) and (13) Aguilera Machuca et al. v. the Municipality of Cauquenes, Docket No. 38-1993 (336 teachers).
2
The Commission concluded that the State was responsible for violating the following articles of the American
Convention on Human Rights: 8(1) (right to judicial guarantees), 21 (right to property), 25(1) and 25(2) (right to
judicial protection), read in conjunction with Articles 1(1) and 2 thereof.
4