201. The State also asked the Court to consider the argument that the reparations ordered in
the instant case could be held as “debilitating,” that is, “reparations that, because of their
magnitude, would substantially impair the States’ ability to perform their functions.”444 It
therefore asked the Court to consider the impact on national wealth of an order in this case, in
view of the State’s financial capacity.
202. Moreover, during the public hearing and on the basis of the opinion delivered by expert
witness Jorge Fantuzzi,445 the State objected to the use of the maximum conventional interest
rate in calculating the updated amounts of the payment assessments submitted by the
representatives.
203. In the case at hand, the Court concluded that the State had violated the right to judicial
protection by failing to guarantee full execution, free of unjustified delays, of the judgments
delivered in the thirteen procedures against the municipalities of Chañaral, Chanco, Parral,
Vallenar, Pelluhue and Cauquenes. Thus, the Court held that, even though over twenty-five years
had passed since the final judgments were handed down in the different processes, the amounts
determined in the final judgments had not been paid in the thirteen cases covered herein, even
though partial payments had been made in the processes Benavides Montaña et al. v. the
Municipality of de Chañaral, Docket No. 18,629-1994; Bayer Torres et al. v. the Municipality of
Parral, Docket No. 4,274-1993; Bustamante Sánchez et al. v. the Municipality of Parral, Docket
No. 4,071-1992; Belmar Montero et al. v. the Municipality of Parral, Docket No. 4,051-1992;
Salazar Aravena et al. v. the Municipality of Parral, Docket No. 4,096-1992 and Ramírez Ortiz et
al. v. the Municipality of Vallenar, Docket No. 4,443-1993.
204. The State asked that, if the Court were to order enforcement of the judgments, the amounts
to be paid should necessarily be determined by each of the particular courts that delivered the
judgments, because otherwise, the Court would be sitting as a “fourth instance”. The Court has
repeatedly stressed on this point that the principle of complementarity informs the entire interAmerican system of human rights, which is, as the Preamble of the American Convention states,
“reinforcing or complementing the protection provided by the domestic law of the American
states.”446 This is why the system of protection instituted by the American Convention does not
replace national jurisdictions, but complements them.447
205. Thus, in view of the violations found in this judgment, the time that has passed, the status
of the victims as a vulnerable population because of their age, and the additional length of time
it could take to initiate new processes for enforcement of the judgments, and in order for the
victims to receive redress promptly,448 the Court elects to order the State to grant the
compensation ordered in this judgment directly to each and every one of the victims in the instant
case. Indeed, this Court has already emphasized that a delay in executing measures of reparation
444
Cf. Expert statement delivered before a public attestor by Martins Paparinskis, May 24, 2021 (evidence file,
folios 18781 to 18833).
445
Cf. Statement by expert witness Jorge Fantuzzi Majlis delivered on May 31, 2021, at the hearing before the
Inter-American Court. The written text of this expert statement was added to the evidence file, folios 18769 to 18780.
446
Cf. Case of Las Palmeras v. Colombia. Merits. Judgment of December 6, 2001. Series C No. 90, para. 33, and
Case of Vera Rojas et al. v. Chile, supra, para. 137.
447
Cf. Case of Peasant Community of Santa Barbara v. Peru. Preliminary Objections, Merits, Reparations and
Costs. Judgment of September 1, 2015. Series C No. 299, para. 159, and Case of Vera Rojas et al. v. Chile, supra,
para. 138.
448
Cf. Case of Órdenes Guerra et al. v. Chile. Merits, Reparations and Costs. Judgment of November 29, 2018.
Series C No. 372, para. 119.
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