Poblete Vilches and the consequent violation of Article 5.1 of the American Convention to their
detriment.
V.
CONCLUSIONS
171.
Based on the foregoing considerations of fact and law, the Inter-American
Commission concludes that the State of Chile is responsible for:
(i) The violation of the right of access to information on health matters, established at Article 13 of
the Convention in relation to the rights to life, humane treatment, and health established at Articles 4
and 5 of the Convention, and to the obligations established at Article 1(1) of the same instrument, to
the detriment of Vinicio Antonio Poblete Vilches and his family members;
(ii) The violation of the rights to life, humane treatment, and health established at Articles 4 and 5 of
the American Convention in relation to the obligations established at Article 1(1) of the same
instrument, to the detriment of Vinicio Antonio Poblete Vilches; and,
(iii) The violation of the rights to personal integrity, to judicial guarantees and judicial protection
established at Articles 5, 8 and 25 of the American Convention in relation to Article 1(1) of the same
instrument, to the detriment of the family members of Mr. Vinicio Antonio Poblete Vilches.
172.
In light of the foregoing conclusions,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
RECOMMENDS TO THE STATE OF CHILE, THAT IT
1.
Make full reparation to Mr. Vinicio Antonio Poblete Vilches’s next-of-kin for the
human rights violations found in this report, including appropriate compensation for the material
and moral harm caused, as well as other measures of moral satisfaction.
2.
Undertake a thorough and effective investigation into the human rights violations
found in this report so that the next-of-kin of Mr. Poblete Vilches can know the truth of what
happened and, if appropriate, so that the corresponding sanctions be imposed. To that effect, the
State must continue with the investigation reopened in 2008 or, if the case, initiate a new
investigation with the aim of overcoming the obstacles identifies in this report that have impeded
effective access to justice.
3.
Put in place mechanisms of non-repetition that include: (i) legislative,
administrative, and other measures that may be required for implementing informed consent in the
area of health in keeping with the standards established in this report; (ii) the measures needed,
including budgetary measures, to ensure that the Hospital Sótero del Río has the resources and
infrastructure needed to provide adequate care, particularly when intensive therapy is required; and
(iii) the education and training measures for judicial officers regarding the duty to investigate
possible liabilities arising from the death of a person as the result of inadequate health care.
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