obtain comprehensive reparation for the damage inflicted by the acts of a State agent, consistent with
the international treaties ratified by Chile and the interpretation of the provisions of domestic law,
pursuant
to
the
Political
Constitution
of
the
Republic.
Indeed, this right of victims and their next of kin is founded upon general principles of international
human rights law and their incorporation in international treaties ratified by Chile, which oblige the
State to recognize and protect this right to comprehensive reparation, by virtue of the second
paragraph of Article 6 and Article 6 of the Political Constitution.
That compensation for the harm done by the crime and the action for rendering such compensation
effective are of the utmost importance when it comes to administering justice, in matters of concern
to the public interest and "material justice." In the case under review, given the context in which the
unlawful acts were ascertained, with the intervention of State agents during a period of extreme
institutional abnormality in which they represented the government of the day and in which -- at
least in the case at hand -- they misused that power and representative capacity, perpetrating wrongs
as grave as those examined here, the State of Chile cannot elude its legal responsibility to make
reparation for that de jure debt (...).
Thus, the provisions under domestic law provided for in the Civil Code on the prescription of
ordinary civil suits for compensation of damages and invoked the Chilean Treasury are not relevant
in the instant case as they stand in contradiction to the provisions of international human rights law,
which protect the right of victims and their next of kin to receive due reparation, an international
regulatory statute that Chile has recognized (…).
That, in short, since the State has the obligation to make reparation to victims and their next of kin
established by international human rights law, domestic law cannot be adduced as a sustainable
argument to exempt it from complying with that obligation (…).
That, under those circumstances, the judges involved did indeed commit an error of law when they
allowed the objection that the civil suits brought against the State had prescribed: an error that
substantively altered the ruling in the judgment, so that the appeal for annulment on the merits will
be upheld.156
1) Analysis of the instant case
126.
Taking into account the prior considerations in paragraphs 94 - 104 above regarding the
limits to the object of review in this case, the Commission notes that the judicial remedy available in the
Chilean legal system to accede to compensation for human rights violations is a civil action for compensation.
In all the cases examined, the decisions to dismiss that were rendered final 157 applied the statute of
limitations to the civil action.
127.
Bearing in mind the standards described in foregoing sections, the Commission considers
that there is clarity in inter-American jurisprudence that applying the statute of limitations to criminal
proceedings in cases of grave human rights violations is incompatible with the American Convention. The
Commission is of the view that the reason for that prohibition has to do with the fundamental need for
victims of grave human rights violations to throw light on the facts and see justice done. The Commission sees
no reasons to apply a different standard to an equally fundamental aspect, namely reparation in these kinds
of cases. Moreover, that is consistent with the above-mentioned developments in the United Nations system
156 See Supreme Court 23583-2014. Non-prescriptibility of action for reparation brought against the Treasury for violation of
human rights. May 20, 2015. Available at: http://www.i-juridica.com/2015/05/21/suprema-23583-2014-imprescriptibilidad-de-laacción-reparatoria-en-contra-del-fisco-por-violación-a-derechos-humanos/.
157 The Commission notes that the appeals for annulment filed domestically were declared void for reasons that the petitioners
identified as formal.
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