12
33.
Furthermore, they claim that the remedies that the State had argued they should seek
are not effective since the Municipalities Act clearly states that municipal assets are not subject to seizure.
Therefore, they say, until the mayoral decree is issued ordering payment, the persons adversely affected
are unable to pursue other avenues to secure their payment in keeping with the judicial decisions.
34.
With respect to the suit filed by the Municipality of Chañaral against the Chilean Treasury,
which was brought in 2000 and, as of the date of the hearing before the Commission, was reportedly
pending before the Supreme Court of Chile, the petitioners explained that it was a proceeding in which
the municipality claimed that the Treasury should provide the funds with which to pay the sums ordered
by the Court of Appeals. They added that it was not an effective domestic remedy inasmuch as the alleged
victims were not parties in the suit; the parties in the suit were the Treasury and the Municipality of
Chañaral. In a communication of December 29, 2008, the petitioners informed the Commission that on
June 12, 2008, the Supreme Court had dismissed the suit, bringing the proceedings to an end. In that same
connection, the Supreme Court rejected the claim of the Municipality of Cauquenes which sought to
obtain financing from the Treasury to pay the obligations imposed by the court ruling.
35.
The Commission notes that in a bid to secure payment of their welfare entitlements, the
alleged victims, all of them teachers in the municipalities of Chañaral, Chanco, Pelluhue, Parral, Vallenar,
and Cauquenes, filed suit against the municipalities with the appropriate labor tribunals and obtained a
final decision in their favor. Furthermore, the information presented to the Commission shows that in all
cases a proceeding for payment was initiated, that the specific amounts of the debts have already been
approved by the relevant tribunals, and that, as of this writing, the alleged victims have signed different
agreements with the municipalities. In spite of that, only in the case of two municipalities have they been
paid certain amounts, which they class as very inferior and partial.
36.
Accordingly, the Commission finds that the petitioners have taken their case to the
competent judicial organs in the domestic jurisdiction, invoked the regular remedies envisaged under
Chilean law designed to redress the abridged rights of the alleged victims and, therefore, that the State
had full knowledge of the claims that gave rise to this petition and that the remedies mentioned by the
latter are of a special nature, whose exhaustion the Commission does not require.
37.
The Commission notes that, according to the competent judicial authorities, the final
judgments in favor of the alleged victims were issued between 1993 and 1997 and that, as of this writing,
they have not been carried. Therefore, the exception contained in Article 46(2)(c) is applicable.
2.
Time limit for lodging the petition
38.
Under Article 46(1) of the Convention, for a petition to be admitted it must be filed within
the stipulated period, that is, six months from the date on which the party alleging violation of their rights
was notified of the final judgment adopted at the national level. In the complaint under review the IACHR
has determined that the exceptions to the rule of exhaustion of domestic remedies pursuant to Article
46(2)(c) of the American Convention are applicable. In this regard, Article 32 of the Commission’s Rules
of Procedure states that when the exceptions to the rule requiring prior exhaustion of domestic remedies
apply, the petition is to be presented within what the Commission deems to be a reasonable period. The
Commission must therefore consider the date on which the alleged violation of rights occurred and the
circumstances of each case.