Dialogue Roundtable and the recently created Commission on Political
Prisoners and Torture. The State stressed that it was not questioning the
utility of participation by the international community in the handling of
such situations, but that it was convinced that the Chilean people and
their democratically elected bodies were the appropriate ones to attempt
to heal the wounds left by the human rights violations that were
committed during the military régime.
16. Consequently, Chile asked the Commission to declare this petition
inadmissible, and to do the same with 13 other petitions to which it was
responding at the same time, on the grounds that they relate to events
that occurred before the deposit of the instrument of ratification and
that began prior to March 11, 1990.
IV.
A.
ANALYSIS OF ADMISSIBILITY
General considerations
17. Before examining the admissibility of the complaint, the
Commission deems it necessary to clarify that the petitioners’ complaint
in this case does not concern the extrajudicial execution of Jorge Ovidio
Osorio Zamora, nor a possible violation of Article 4 of the American
Convention. Nor does the complaint concern the criminal investigation of
that summary execution. The petitioners question the refusal of the
Chilean courts to grant compensation to Mrs. Morales, particularly after
recognition, in the Rettig Report, of State responsibility for the death of
Mr. Jorge Ovidio Osorio Zamora, and the compatibility of those decisions
with the State's obligations under the American Convention.
B.
Competence of the Commission ratione personae,ratione
materiae, ratione temporis, and ratione loci
18. The petitioner is entitled by Article 44 of the American Convention
to present complaints before the Commission. The petition names as the
alleged victims Lucía Morales Compagnon, Jorge Roberto, Carolina
Andrea, Lucía Odette and María Teresa Morales Osorio, 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.
19. The Commission has jurisdiction ratione materiae because the
petition complains of possible violations of human rights protected under
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