REPORT No. 1/16 CASE 12,695 MERITS VINICIO ANTONIO POBLETE TAPIA AND FAMILY CHILE APRIL 13, 2016 I. SUMMARY 1. On May 15, 2002, the Inter-American Commission on Human Rights (hereinafter “the Commission,” “the IACHR,” or “the Inter-American Commission”) received a petition filed by Blanca Margarita Tapia Encina, Cesia Leyla Poblete Tapia, and Vinicio Antonio Poblete Tapia (hereinafter “the petitioners”) 1 against the Republic of Chile (hereinafter "Chile" or "the State"), related to the death of Mr. Vinicio Antonio Poblete Vilches, on February 7, 2001, at a public hospital in the city of Santiago. 2. The petitioners alleged that the death of Mr. Vinicio Antonio Poblete Vilches, in a public hospital in Chile, was the responsibility of the attending physicians, who operated on him without informing his family members or requesting their authorization, and who discharged him after the operation without adequately taking into account his serious health problems. In addition, they alleged that when he was admitted to the hospital the second time he did not receive the treatment he needed. They said that they received contradictory information about the cause of death and that they filed a criminal complaint against the attending physicians in 2001, which did not satisfy the requirements of effective access to justice. They indicated that there has been unwarranted delay by the court in carrying out the investigation into the facts and they also alleged having been humiliated by the hospital staff and by the court involved in the matter. 3. For its part, the Chilean State did not present observations in the merits phase. In the admissibility phase the State had argued that Mr. Poblete Vilches’s family members filed a criminal complaint that was found admissible and was going forward. It indicated that the investigation was carried out in compliance with the guarantees established in Article 8 of the Convention and is complex. The State also reported on the status of the investigations. 4. After analyzing the parties’ positions the Inter-American Commission found the State of Chile responsible for violating the rights to life, humane treatment, access to information on health, judicial guarantees, and judicial protection, which are established at Articles 4, 5, 13, 8, and 25 of the American Convention, in relation to the obligations established at Article 1(1) of the same instrument, to the detriment of the persons indicated throughout this report. II. PROCEEDINGS BEFORE THE COMMISSION 5. The processing of the petition from its presentation up to the adoption of the decision on admissibility is described in Admissibility Report No. 13/09. 2 In that report, the IACHR found that the alleged facts could tend to establish violations of the rights enshrined in Articles 4, 8, 24, and 25 of the American Convention, all in conjunction with Article 1.1 thereof. 6. The Commission conveyed Admissibility Report No. 13/09 to the petitioners and the State in a communication dated April 7, 2009, and, in keeping with Article 38.1 of its Rules of Procedure in force at the time, set a deadline of two months for the petitioners to submit additional 1 During the processing different persons have been named as petitioners. 2 IACHR, Report No. 13/09, Petition 339-02, Admissibility, Vinicio Poblete Vilches, Chile, March 19, 2009. Available at: 1

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