28 the events, have failed to produce concrete results in the instant case and, consequently, the crimes surrounding young Kenneth's disappearance have gone unpunished. In sum, while they were in force the amnesty laws amounted to an obstacle to the prompt and effective investigation, prosecution, and punishment of those thought to be responsible for the violations, and to a breach by the State of its obligation to ensure rights, to the detriment of the victim’s next of kin. 106 92. In conclusion, the Commission considers that by not taking legislative measures to adjust its laws to the American Convention and instead leaving Decree Law 2191 in effect in the Chilean legal system, Chile has failed to comply with its obligation to ensure the human rights protected under the Convention, in violation of Article 2 thereof. The Commission also considers that the State’s failure to conduct an effective and prompt investigation into the alleged torture of Mr. García Lucero, which occurred in the context of massive and serious human rights violations during the military dictatorship in Chile, constitutes violation of the rights recognized in Article XVIII of the American Declaration and Articles 5(1), 8(1) and 25(1) of the American Convention in relation to the general obligations established in Article 1(1) thereof, and of the obligation established in Article 8 of the Inter-American Convention to Prevent and Punnish Torture, to the detriment of Mr. García Lucero and his next of kin. 2. Obligation to make reparations 93. Preliminarily, the Commission wishes to acknowledge the important efforts carried out by the State of Chile in developing a reparations system to address the crimes and violations that took place during the military dictatorship. In this regard, it is worth noting the Commission’s statement on the occasion of the inauguration of the Museum of Memory in Chile on January 11, 2010. At that time the IACHR congratulated the Chilean State and indicated that such an initiative constituted “an important symbol of the determination to combat impunity and create a democratic culture based on respect for human rights”. The IACHR also highlighted the fundamental value of recovering the historical memory of great human rights violations “as a mechanism to prevent such acts from being repeated” and as “part of the process of comprehensive reparations for human rights violations”. 107 94. It must be made clear from the outset that the Commission will not examine whether the reparations program as a whole adopted by the Chilean State conforms to the American Convention or other international standards. However, the Commission does believe that certain observations must be made concerning the nature and scope of the Chilean State’s obligation to redress the harm done specifically to Mr. García Lucero and his next of kin, in consideration of the fact that he is disabled and in exile. 95. Furthermore, the IACHR would like to point out preliminarily that in 2009 the United Nations Committee against Torture recommended to Chile that it should ensure that all persons who were victims of acts of torture have access to adequate reparation commensurate with the gravity of the crime committed against them, “including those not currently in the State party.” 108 96. The obligation to make reparation for damages caused by a violation of human rights is part of the duty to ensure established in Article 1(1) of the American Convention in relation to the right to personal integrity, protected under Article 5 thereof. As for the duty to ensure the free and 106 IACHR, Application to the Inter-American Court of Human Rights in the case of Kenneth Ney Anzualdo Castro (Case N° 11.385) against the Republic of Peru, presented July 11, 2008, para. 182. 107 108 Annex 25. IACHR, Press Release No. 1/10, Opening of Chile’s Museum of Memory, January 11, 2010. Annex 24. Committee against Torture, Concluding Observations of the Committee against Torture, CAT/C/CHL/CO/5, May 14, 2009, 42nd session, para. 25. (The original is highlighted in bold print).