-32rights in this case does not originate in specific provisions of Chilean domestic law, but rather in
the interpretation of that law by the courts.”
131. As stated previously (supra para. 101), the jurisprudence of Chile’s Supreme Court in recent
years has shifted markedly toward a consistent and proper interpretation of its duty to exercise an
effective control of conventionality.
132. According to the State, in Chile, court rulings have inter partes and not erga omnes effects,
since they are not subject to a “stare decisis” type system where a judicial decision constitutes a
formal and general source of law. For its part, the representative has reported that first instance
or appellate courts continue to uphold interpretations that are inconsistent with the above criterion
and that the State Defense Council continues to file objections citing the statute of limitations
(supra para. 22). Furthermore, as noted by the Commission, the uniformity of the Supreme Court’s
criterion may depend on its administrative decision to concentrate the hearing of claims for
reparation in its Second Chamber. In this regard, the Court is aware that the jurisprudence may
change in the future.
133. At the same time, if the acknowledged international wrongful act originated in incorrect
judicial interpretations of the civil statute of limitations and not in the statute itself, a substantial
change in the jurisprudence of the highest judicial authority of the State - which ultimately controls
the constitutionality and conventionality of the norms and interpretations of the other judicial bodies
- provides sufficient legal certainty with respect to legal situations such as those that have arisen
in this case and constitutes, effectively, a guarantee of non-repetition.90 The State has recognized
before this international Court that a different interpretation of the statute of limitations in civil
actions for reparations in cases of crimes against humanity constitutes a violation of rights
recognized in the Convention. The necessary consequence of the State’s position is that current or
future judicial interpretations inconsistent with this criterion would be contrary to the Convention
and, therefore, would entail the State’s responsibility.
134. Therefore, this Court assumes that, in view of the good faith shown by the State in fulfilling
its obligations, the aforementioned line of jurisprudence will be maintained in subsequent actions
to be decided by the Supreme Court, in order to guarantee that the circumstances of the present
case will not be repeated. This consideration does not prevent this Court from ruling in the future
if another contentious case is submitted to it regarding similar facts .91
135. Without prejudice to the foregoing, it is also necessary to recall that the obligation to
exercise “conventionality control” between domestic norms or State acts and the American
Convention is incumbent upon all judges and bodies involved in the administration of justice, at all
levels, and must be carried out ex officio within the framework of their respective competencies
and the corresponding procedural regulations.92 Consequently, it is undoubtedly also incumbent
upon all judicial authorities, at all levels - and not only the Supreme Court- to maintain consistency
of criteria with respect to an issue which, in view of the aforementioned change in jurisprudence,
the acknowledgement of responsibility made by the State and the evolution of Chilean public
policies on justice, truth and reparations for victims of serious human rights violations, has now
been resolved.
Cf., See also, Case of Maldonado Vargas et al. v. Chile. Merits, reparations and costs. Order of August 30, 2007, monitoring compliance
with judgment, Merits, reparations and costs issued by the Court on September 2, 2015, para. 41. Available at:
http://www.corteidh.or.cr/docs/supervisiones/maldonado_30_08_17.pdf
90
Cf., Also see, Case of Maldonado Vargas et al. v. Chile. Merits, reparations and costs. Order of August 30, 2007, monitoring compliance
with judgment, Merits, reparations and costs issued by the Court on September 2, 2015, paras. 41 and 42. Available at:
http://www.corteidh.or.cr/docs/supervisiones/maldonado_30_08_17.pdf
91
Cf. Case of Almonacid Arellano et al. v. Chile. Preliminary objections, merits, reparations and costs. Judgment of September 26, 2006.
Series C No. 154, para. 124; and Case of the Dismissed Congressional Employees (Aguado Alfaro et al.) v. Peru. Preliminary objections, merits,
reparations and costs. Judgment of November 24, 2006. Series C No. 158, para. 128. See also Case of Gelman v. Uruguay. Merits and
reparations. Judgment of February 24, 2011. Series C No. 221, para. 193; and Case of San Miguel Sosa et al. v. Venezuela, para. 191.
92