State transmitted another part of the helpful documents and explanations that had been
required26 (supra paras. 15 and 16).
19.
Request to incorporate documents into the body of evidence. On August 2 and 16 and
September 6, 2013, based on Article 57(2) of the Court’s Rules of Procedure, the two common
interveners requested the incorporation into the body of evidence of the preliminary report of
the Special Rapporteur for the promotion and protection of human rights and fundamental
freedoms while countering terrorism issued on July 30, 2013, in relation to the visit he made to
Chile from July 17 to 30 that year, and the Concluding observations on the combined nineteenth
to twenty-first periodic reports of Chile, adopted by the Committee on the Elimination of Racial
Discrimination, at its eighty-third session held from August 12 to 30, 2013, and provided the
electronic links to these documents.27 On September 6, 17 and 19, 2013, the State and the
Commission forwarded their observations of this proposal of the common interveners. On
October 2, 2012, CEJIL presented observations on certain “arguments” included by the State in
these observations. Subsequently, on May 9, 2014, 2014, the FIDH asked the Court, based on
Article 57(2) of the Rules of Procedure, to “incorporate into the body of evidence the report of
the United Nations Special Rapporteur on the promotion and protection of human rights and
fundamental freedoms while countering terrorism […] concerning the Special Rapporteur’s visit
to Chile [in July 2013], published on April 14, 2014.” CEJIL and Chile presented observations on
this request.
20.
Observations on the helpful evidence and explanations. On August 2 and 16, 2013,
CEJIL and the FIDH, respectively, submitted their observations on the documentation presented
by the State on June 28, 2013, in response to the request for helpful evidence (supra paras. 15,
16 and 18). On August 30, 2013, the common interveners submitted their observations on the
documentation, information and explanations presented by the State on August 16, 2013. On
September 1 and 6, 2013, CEJIL submitted its observations on the documentation, information
and explanations presented by the State on September 6, 2013. On September 19, 2013, the
Commission presented its observations on the helpful evidence provided by the State on August
16 and September 6, 2013, and on September 26, 2013 indicated that “it ha[d] no additional
observations to make” concerning the documentation presented by the State on September 16
and 23, 2013. On October 2, 2013, the FIDH presented its observations on the helpful evidence
presented by the State on September 16 and 23, 2013, and on October 9, 2013, advised that it
had “no additional observations concerning the documents presented by the State […] on
September 27, 2013.”
21.
Disbursements from the Assistance Fund. Chile did not submit observations on the
information on the disbursements from the Victims’ Legal Assistance Fund, which had been
forwarded to the State as stipulated in article 5 of the Court’s Rules for the Operation of this
Fund.
III – COMPETENCE
22.
The Inter-American Court is competent to hear this case pursuant to Article 62(3) of the
Convention, because Chile has been a State Party to the American Convention since August 21,
1990, and accepted the contentious jurisdiction of the Court on that date.
26
In its brief of August 16, 2013, the State also submitted general observations on the final arguments of the FIDH.
27
In its brief, the FIDH also included general observations on the final arguments of the State.
11