municipality to contribute to operating expenses […]. It is clear that the treasury is empowered,
but not obliged, to supply these additional funds.”414
169. In its decision on the motion of cassation lodged by the municipality of Cauquenes, the
Supreme Court considered several arguments, including the essential structure of the Chilean
State and municipal autonomy, to dismiss any obligation by the treasury to provide resources for
the municipalities to pay the debts:
[…] the alleged obligation being ascribed to the national treasury is based on the assertion that,
because the municipalities are entities belonging to the public sector and therefore take part in
performing the duties that pertain to this organization, therefore they are constitutionally and legally
under the responsibility of the President; it is not unreasonable to note that this contradicts the idea
that the municipalities are in fact entities not subject to accountability or any oversight whatsoever by
the President of the Republic.415
B.2.3.6. Conclusion
170. The Court notes that judicial remedies are not effective if, due to the particular
circumstances of a case, they are illusory because the State does not provide the necessary
means to execute the judgments that found them admissible or when there are unjustified delays
in the decisions.416 The Court reiterates that, under the obligations contained in Article 25 of the
Convention, public authorities cannot thwart the meaning and scope of judicial decisions or unduly
delay their execution.417 In the case at hand, the lack of action by the courts, on their own motion,
to process the enforcement of the labor verdicts, as well as the ineffectiveness of the means
provided in the domestic legal system to bring about payment of the rulings against the
municipalities, combined with the absence of budget rules requiring the State to provide the
municipalities with funds to pay judicially sanctioned debts, led to a situation in which the 846
teachers were rendered defenseless and vulnerable despite their favorable ruling against the
Municipalities of Chañaral, Chanco, Parral, Pelluhue, Vallenar and Cauquenes, and to date, they
have not yet received full payment of the money owed to them. This amounts to a violation of
the right to judicial protection because, in practice and due to failures in the domestic regulatory
framework, the teachers did not have effective remedies to guarantee full, complete, swift,
comprehensive execution of the judgments over the course of more than twenty-five years, as
established in the obligations contained in Article 25(2)(c) of the American Convention.
B.3. Reasonable period
171. More than twenty-five years on average have passed in the instant case, during which the
court-ordered judgments against the municipalities on behalf of the 846 alleged victims have not
been fully enforced. The Court has held in its consistent case law that a prolonged delay in a
414
Order by the Sixth Civil Court of Santiago, May 14, 2001, in the case Municipality of Chañaral v. National
Treasury of Chile (evidence file, folio 1384).
415
Order by the Supreme Court, November 19, de 2003 (evidence file, folios 2192 to 2196).
416
Cf. Case of Ivcher Bronstein v. Peru. Merits, Reparations and Costs. Judgment of February 6, 2001. Series C
No. 74, para. 137; and Case of the National Association of Discharged and Retired Employees of the National Tax
Administration Superintendence (ANCEJUB-SUNAT) v. Peru. Preliminary Objections, Merits, Reparations and Costs.
Judgment of November 21, 2019. Series C No. 394, para. 131.
417
Cf. Case of Mejía Idrovo v. Ecuador, supra, par. 106, and Case of the National Association of Discharged and
Retired Employees of the National Tax Administration Superintendence (ANCEJUB-SUNAT) v. Peru, supra, para. 131.
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