for the deaths of Messrs. Sergio Alfonso Reyes Navarrete, Ramón Luis
Vivanco, Rodolfo Alejandro Espejo Gómez and Mario Melo Pradenas, and
the compatibility of those decisions with the State's obligations under
the American Convention.
A.
Competence of the Commission ratione personae, ratione
materiae, ratione temporis, and ratione loci
20.
The petitioner is entitled by Article 44 of the American
Convention to present complaints before the Commission. The petition
names as the alleged victims Magdalena Mercedes Navarrete, Alberto
Reyes Navarrete, Víctor Eduardo Reyes Navarrete, Patricio Hernán
Reyes Navarrete, Pamela Adriana Vivanco, Katia Ximena del Carmen
Espejo Gómez, Elena Alejandrina Vargas Gómez, Ilia María Pradenas
Páez, Mario Melo Acuña, and Carlos Gustavo Melo Pradenas, with
respect to whom Chile is committed to respect and guarantee the rights
enshrined in the American Convention. The Commission notes that Chile
has been a State Party to the American Convention since August 21,
1990, when it deposited its instrument of ratification. The Commission,
therefore, has jurisdiction ratione personae to examine the petition.
21.
The Commission has jurisdiction ratione materiae because
the petition complains of possible violations of human rights protected
under the American Convention that, if proven, could constitute
violations of Articles 1(1), 2, 8 and 25 of the Convention. The petitioner
also alleges violations of Articles 4, 5, 7, 24 and 63(1) of the American
Convention, but offers no arguments or evidence to substantiate such
violations. Specifically, the petitioner alleges the denial of justice in the
fact that the Chilean courts of first and second instance denied his
application for compensation for mental suffering occasioned by the
alleged incidents of arrest and disappearance perpetrated by State
agents.
22.
The principal argument presented in the response by the
State on February 18, 2005 is that Chile is not responsible, under the
American Convention, for violations allegedly committed during the
period between September 11, 1973 and March 11, 1990. The
Commission considers that in the case at hand the allegations refer only
to the judgments handed down by the Chilean courts between 1999 and
2003, when the Convention was already in effect for Chile. As to the
State's argument that the Commission should declare the petition
inadmissible because the events began prior to March 11, 1990, the
Commission rejects this argument because the judicial proceedings
constitute events independent of the summary executions. The
8
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