-48109. The alleged victims’ representative submitted his arguments on the alleged
violations of Articles 8 and 25, in relation to Articles 1(1) and 2 of the Convention
together; therefore, this is how they are summarized below:
(a)
The Santiago Court of Appeal did not hear the appellant’s petition, and
declared it inadmissible “without providing any type of reasoning on how it
reached this conclusion”; that decision was ratified by the Supreme Court. This
“declaration of the inadmissibility of the recourse prevented the victims from being
heard with due guarantees in order to protect the alleged right;
(b)
In his final arguments, he stated that the State had failed to comply with
the provisions of Articles 1 and 2 of the Convention, since the formal procedure for
processing the judicial recourse for the protection of fundamental rights
established in Article 20 of the Chilean Constitution is not incorporated into the
system by law as the Convention requires, but by a decision of the Supreme
Court. The Judiciary’s practice reveals a restrictive application of the criteria on
the admissibility of this recourse. He requested the Court to declare that the
decision taken by the Supreme Court of Justice regulating the said recourse
“violates Articles 8 and 25 of the Convention”.
110. The State did not refer to the alleged violation of Article 8 of the American
Convention, but in relation to Article 25 indicated that:
(a)
Article 25 of the Convention “imposes on the State an obligation
concerning means rather than results.” As of 1999, Chile has had a remedy of
habeas data that offers the necessary guarantees to obtain access to public
information.” This recourse may be filed at any time; consequently, the alleged
victims, could have filed it, if they were denied information; and
(b)
The alleged victims, “including Deputy Arturo Longton,” also had another
domestic recourse that they could have filed before the Chamber of Deputies.
They announced that they would file it, but never did so, despite its effectiveness.
Using this recourse, any deputy “could, during the time devoted to motions,
request specific reports or information from body of the State Administration
through the Secretariat of the Chamber of Deputies.”
The Court’s findings
111. Regarding the alleged violation of Article 8 of the Convention, the Court reiterates
its case law concerning the possibility of the alleged victims or their representatives
invoking rights other than those included in the Commission’s application.93
112. The proven facts (supra para. 57(12) to 57(17) and 57(23) to 57(30)) have
established that the Executive Vice President of the Foreign Investment Committee (in
the administrative sphere) and the Santiago Court of Appeal (in the judicial sphere)
adopted decisions on the request for access to State-held information by Mr. Claude
Reyes and Mr. Longton Guerrero.
93
Cf. Case of Acevedo Jaramillo et al.. Judgment de February 7, 2006. Series C No. 144, para. 280;
Case of López Álvarez, supra note 72, para. 82; and . Case of the Pueblo Bello Massacre. Judgment of January
31, 2006. Series C No. 140, para. 54.