105. For their part, the representatives, in relation to both the investigation and the
reparation, understood that Chile had violated, to the detriment of Mr. García Lucero and of
his family members, the same rights indicated by the Commission, but “in relation to Article
1(1) of the Convention […] and Articles 6, 127 8 and 9 128 of the Inter-American Convention
against Torture.” They also argued that, because it had failed to adapt its domestic law as
regards the Decree-Law indicated by the Commission, and also with regard to other laws
and measures (infra paras. 143 and 144), Chile had violated Article 2 of the American
Convention, and Articles 1 129 and 6 of the Inter-American Convention against Torture. 130
They indicated that the State was obliged to provide reparation based on Articles 1(1) and
25 of the Convention, and 9 of the Inter-American Convention against Torture. Then, in
their final written arguments, they stated that “the right to reparation […] arises” from the
norms mentioned together with Article 8(1) of the Convention, and that “Chile […] has the
obligation to respect and guarantee [this …] without discrimination, […] and in keeping with
the general guarantees established in [the said] Article 8.” Among their arguments on the
grounds for the right to reparation, they also mentioned that “the Convention even […]
includes Article 63(1) on reparations.” 131
Likewise, if there is an accusation or well-grounded reason to believe that an act of torture has
been committed within their jurisdiction, the States Parties shall guarantee that their respective
authorities will proceed ex officio and immediately to conduct an investigation into the case and to
initiate, whenever appropriate, the corresponding criminal proceedings.
After all the domestic legal procedures of the respective State and the corresponding appeals have
been exhausted, the case may be submitted to the international fora whose competence has been
recognized by that State.
127
Article 6 of the Inter-American Convention against Torture stipulates that:
In accordance with the terms of Article 1, the States Parties shall take effective measures to
prevent and punish torture within their jurisdiction.
The States Parties shall ensure that all acts of torture and attempts to commit torture are offenses
under their criminal law and shall make such acts punishable by severe penalties that take into
account their serious nature.
The States Parties likewise shall take effective measures to prevent and punish other cruel,
inhuman, or degrading treatment or punishment within their jurisdiction.
128
Article 9 of the Inter-American Convention against Torture establishes that:
The States Parties undertake to incorporate into their national laws regulations guaranteeing
suitable compensation for victims of torture.
None of the provisions of this article shall affect the right to receive compensation that the victim or
other persons may have by virtue of existing national legislation.
129
Article 1 of the Inter-American Convention against Torture establishes that: “[t]he States Parties
undertake to prevent and punish torture in accordance with the terms of this Convention.
130
The representatives indicated that the State’s delay in opening the investigation violated Articles 5(1) and
8(1) of the Convention, in relation to its Article 1(1) and Article 8 of the Inter-American Convention against Torture.
In addition, in their opinion, the investigation underway violates Articles 8(1) [and] 25(1) in relation to [Article]
1(1) of the Convention and Articles 6 and 7 (sic) of the Inter-American Convention against Torture.” As regards
access to measures of reparation, they argued the violation of Articles 8 and 25 of the Convention, as well as of
Article 9 of the Inter-American Convention against Torture. The Court observes that the representatives’ allusion to
Article 7 of the Inter-American Convention against Torture in their final written arguments was made in isolation
and without submitting any reasoning as to why they considered that it was violated. Consequently, and since its
presentation was time-barred, the Court will not rule on the supposed violation of Article 7.
131
The representatives also stated that the obligation to provide redress “is intrinsically related to the
obligation to investigate, to prosecute and to punish” and that, in the case of Mr. García Lucero, “the obligation to
provide redress should have been met [… w]hen, in 1993 and 2004, [the State] received reasonable information
providing grounds to believe that [he] had been tortured.” Regarding the alleged obligation to investigate, the
representatives’ specific arguments in this regard are described below (infra paras. 110 to 117).
35