REPORT Nº 58/05 1
PETITION 350/02
ADMISSIBILITY
LEOPOLDO GARCIA LUCERO
CHILE
October 12, 2005
I.
SUMMARY
1. On May 20, 2002 the organization Seeking Reparation for Torture Survivors ("REDRESS")
(hereafter "the petitioners") presented a complaint to the Inter-American Commission on Human
Rights (hereafter "the Commission") against the Republic of Chile (hereafter "the State") for the
alleged violation of the rights to a fair trial (Article 8) and judicial protection (Article 25), together
with violation of the obligations to respect rights and adopt appropriate measures (Articles 1(1)
and 2) provided in the American Convention on Human Rights (hereafter "the American
Convention") through failure to provide reparation and compensation for the injury suffered by
Mr. Leopoldo Garcia Lucero who was allegedly captured by the Chilean authorities on September
16, 1973 and unlawfully detained in the First Police (Carabineros) Precinct and then at the
National Stadium, where he was tortured. In December 1973, Mr. Garcia was transferred to the
concentration camp at Ritoque and from there to Tres Alamos, and was subsequently expelled to
the United Kingdom on June 12, 1975.
2. The petitioners argue that the conditions of admissibility have been fulfilled and that the rule of
Article 46(1) (a) of the American Convention requiring prior exhaustion of domestic remedies is
not applicable because Chilean law lacked effective remedies for providing adequate reparation to
victims of torture. With respect to the time limit for submitting the petition, they argued that this
should not prevent the admissibility of the petition because it related to continuing violations. The
petitioners also argued that the severity of the violations, the lack of reparations and the impunity
that surrounds the crime of torture in Chile, and the procedural steps taken by Mr. Garcia to
obtain compensation through the only recourses available, as well as his personal circumstances
as a refugee, are sufficient to consider that the petition was presented within a reasonable time.
3. In response, the Chilean State asked that the petition be declared inadmissible, pursuant to
Article 47(c) of the American Convention, on the grounds that the petitioner's allegations were
wholly out of order because they relate to events that occurred prior to the deposit of the
instrument of ratification and that began prior to March 11, 1990. Consequently, and in keeping
with the declaration of recognition of jurisdiction made by the State when it ratified the American
Convention, the facts of the complaint are expressly excluded from the jurisdiction of the
Commission and of the Inter-American Court of Human Rights ("Inter-American Court").
4. After examining the positions of the parties, the Commission has concluded that it is competent
to decide the complaint presented by the petitioners and that the case is admissible, in light of
Article 46 of the American Convention. Consequently, the Commission has decided to notify its
decision to the parties and to publish this admissibility report and include it in its Annual Report.
II.
PROCEEDINGS BEFORE THE COMMISSION
5. On May 20, 2002 the Commission received a petition submitted by “Seeking Reparation for
Torture Survivors” ("REDRESS") against the Chilean State for the alleged violation of the rights
established in Articles 5, 7, 8 and 25 of the American Convention, taken in concordance with
Articles 1(1) and 2 of that instrument. The Commission assigned the petition the number 350/02
and requested additional information from the petitioners in order to establish its admissibility.
1 Commissioner José Zalaquett, a Chilean national, did not participate in the discussion or decision of the case, in
accordance with Article 17(2)(a) of the Commission's Rules of Procedure.
1
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos