VIII
MERITS
126. This case involves the alleged failure to execute thirteen final, non-appealable judicial
verdicts in favor of a group of teachers. The transfer of teachers to municipal jurisdiction and their
inclusion in the private law employment system during the military dictatorship in Chile meant
they ceased to receive payment of a special allowance created under 1980 decree-law 3551. After
democracy was restored, the applicants in this case sued the municipalities for payment of this
allowance and obtained final, non-appealable verdicts ordering payment. Over twenty-five years
later, the debts have still not been paid, and municipal assets are insufficient to provide the funds
needed to meet these financial obligations.
127. Both the Chilean Congress355 and the ILO356 have upheld this obligation to pay the money
owed to the teachers. Judicial decisions ordering payment have been delivered, but the internal
institutional structure of the State of Chile has made it impossible to execute the verdicts or to
provide these municipalities with sufficient means and resources to comply with the sentences
leveled against them. Along the same lines as the arguments submitted by the parties and the
Commission, this Court will proceed with a joint analysis of the alleged violations of the right to
effective protection, the right to guarantee of a reasonable period, and the right to private
property due to the apparent failure to comply with the final judicial findings in favor of the
teachers who are the applicants in this case.
VIII-1
RIGHT TO JUDICIAL GUARANTEES, RIGHT TO JUDICIAL PROTECTION AND RIGHT
TO PROPERTY, READ IN CONJUNCTION WITH THE OBLIGATION TO RESPECT AND
GUARANTEE AND THE DUTY TO ADOPT DOMESTIC LEGAL EFFECTS 357
A.
Arguments of the parties and of the Commission
128. The Commission argued that the State had failed to guarantee the means to ensure
enforcement of the thirteen judgments in this case, despite a broad range of actions undertaken
to bring about payment (signed payment plans, requests for arrest warrants against mayors,
lawsuits by the municipalities against the national treasury, and the like), none of which resulted
in full compliance with the judgments. These actions, according to the Commission, did not prevail
because existing regulations barred attachment of municipal assets designated for the operation
of their services, and because the central government has refused to allocate the funds necessary
for allowing the municipalities to execute the judgments. It therefore found that the State had
also failed to guarantee execution of the judgments themselves, because the municipalities,
regardless of their status as autonomous corporate bodies, nevertheless depended on the national
government for allocation of resources. In the view of the Commission, this led to a situation that
rendered the alleged victims defenseless and utterly unprotected and highlighted the need for the
State to modify its internal regulations to ensure means of payment in the future. It therefore
concluded that the State was responsible for violating Article 25(2)(c) of the Convention, read in
conjunction with the obligations established in Articles 1(1) and 2 thereof. The Commission
emphasized in its closing observations that States subject to judicial rulings against them must
take whatever measures are necessary to ensure execution.
355
Cf. Chamber of Deputies of Chile. Report of the special committee on “historical debts,” supra (evidence file,
folios 3 a 166).
356
Cf. International Labour Organization. Report of the Director-General, supra, evidence file, folios 168 to 198).
357
Articles 8(1), 25 and 21 of the American Convention, read in conjunction with Articles 1(1) and 2 thereof.
46
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