254. Within one year, of notification of this Judgment, the State must provide the Court
with a report on the measures adopted to comply with it.
X
OPERATIVE PARAGRAPHS
255.
Therefore,
THE COURT
DECIDES,
unanimously,
1.
To reject partially the preliminary objection filed by the State concerning the lack of
temporal and material competence of the Court, in accordance with paragraphs 24 to 42 of
this Judgment.
DECLARES,
unanimously, that:
2.
The State is responsible for the violation of the rights to judicial guarantees and
judicial protection, recognized in Articles 8(1) and 25(1) of the American Convention on
Human Rights, in relation to Article 1(1) thereof and to the obligations established in Articles
1, 6 and 8 of the Inter-American Convention to Prevent and Punish Torture, to the detriment
of Leopoldo García Lucero, for the excessive delay in opening an investigation, in accordance
with paragraphs 121 to 127 and 138 of this Judgment.
3.
The State is not responsible for the violation of the rights to judicial guarantees and
judicial protection, recognized in Articles 8(1) and 25(1) of the American Convention on
Human Rights, in relation to Article 1(1) thereof and Article 9 of the Inter-American
Convention to Prevent and Punish Torture, in relation to the possibilities of claiming
measures of reparation, in accordance with paragraphs 194 and 199 to 206 of this
Judgment.
4.
It is not appropriate to issue a ruling on the alleged international responsibility of the
State based on the presumed failure to comply with the obligation to adopt provisions of
domestic law established in Article 2 of the American Convention on Human Rights, in the
terms of paragraphs 150 to 161 of this Judgment. However, the Court reaffirms its decision
in the judgment in the case of Almonacid Arellano et al., in which it established that “given
its nature, Decree Law No. 2,191 lacks legal effects and cannot continue representing an
obstacle to the investigation of the facts that constitute this case, or to the identification and
punishment of those responsible; nor can it have the same or a similar impact on other
cases of violations of rights recognized in the American Convention that occurred in Chile.”
5.
It is not appropriate to issue a ruling on the alleged international responsibility of the
Stated based on the presumed violation of the right to humane treatment, and of movement
and residence recognized in Articles 5(1) and 22 of the American Convention on Human
Rights, in accordance with paragraphs 129, 209 and 210 of this Judgment.
77