13. Once the new Government was installed in power, the new
Parliament approved and subsequently ratified a series of treaties
relating to human rights. In particular, it gave unanimous approval to
the American Convention on Human Rights and Chile deposited its
instrument of ratification on August 21, 1990.
14. In depositing its instrument of ratification with the OAS, the
Government of Chile entered the following declaration or reservation:
a.
The Government of Chile declares that it recognizes, for
an indefinite period of time and on the condition of reciprocity, the
competence of the Inter-American Commission on Human Rights
to receive and examine communications in which a State Party
alleges that another State Party has committed a violation of the
human rights established in the American Convention on Human
Rights, as provided for in Article 45 of the Convention.
b.
The Government of Chile declares that it recognizes as
legally binding the obligatory jurisdiction of the Inter-American
Court of Human Rights in cases dealing with the interpretation
and application of this Convention pursuant to Article 62.
c.
On formulating said declarations, the Government of
Chile notes that the recognition of jurisdiction it has accepted
refers to situations occurring subsequent to the date of deposit of
this instrument of ratification, or, in any event, to circumstances
which arose after March 11, 1990. Likewise the Government of
Chile, on accepting the competence of the Inter-American
Commission and the Inter-American Court of Human Rights
declares that these organs, in applying Article 21(2) of the
Convention, shall refrain from judgments concerning the concept
of public use or social interest cited in cases involving the
expropriation of an individual's property.
15. Chile notes that the Vienna Convention on the Law of Treaties
expressly permits ratification of an international treaty with a
reservation that is consistent with the object and purpose of the treaty.
Chile maintains that its reservation stems from the conviction of
democratic governments that human rights violations that occurred in
the recent past must be resolved at the domestic level. In this context,
the Chilean State has taken a series of initiatives, such as creating the
Truth and Reconciliation Commission (the “Comisión Rettig”), Law
19,123 on reparation for victims of human rights violations, the
5
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