-54due procedural opportunity. However, the Court considers it necessary to recall that the
regulation of the processing of the recourse referred to in Article 25 of the Convention
must be compatible with this treaty.
X
REPARATIONS
APPLICATION OF ARTICLE 63(1) OF THE CONVENTION
Obligation to Repair
The Commission’s arguments
145.
The Commission requested the Court to order that the State should:
(a)
Grant “adequate reparation to Marcel Claude Reyes, Sebastián Cox Urrejola
and Arturo Longton Guerrero for the violations of their rights, and also provide
them with the requested information.” Even though the State argued that all these
sections were invalid now, because the Río Cóndor Project was never
implemented, this information “was relevant to assess the functioning of the
Foreign Investment Committee, and not merely one specific project.” “It was for
the [alleged] victims and not the State to decide whether the information was still
of interest to them”;
(b)
Regarding the measures of satisfaction and guarantees of non-repetition:
“acknowledge that it erroneously retained the information requested by the
victims and immediately grant [them] access to the information they were seeking
from the Foreign Investment Committee”; and that it “adopt laws and practices
that guarantee effective access to information held by State bodies, in keeping
with the terms of Article 13 of the Convention,” because “the Commission
considers that the Chilean legislation in force is insufficient to guarantee access to
State-held information”; and
(c)
Regarding costs and expenses: pay the costs arising at the domestic level
when processing the legal actions filed by the victims under the domestic judicial
system, as well as those arising at the international level when processing the
case before the Commission and the Court.
The representative’s arguments
146.
The representative requested the Court to order that the State should:
(a)
“Adapt domestic legislation, establish autonomous and independent
supervision and control mechanisms, and adopt the necessary measures to
develop practices that guarantee the individual’s real access to public information
[and direct participation in the administration of public affairs], including providing
information on matters relating to the well-being of society, such as the protection
of human rights, the environment, health, and public security”;
(b)
“Arrange for the disclosure of the information held by the Investment
Committee concerning the investor, Forestal Trillium Ltda”;
c)
“Apologize publicly to the victims, through the Foreign Investment
Committee, as a measure of non-pecuniary reparation”;