them prohibited because they violated non-derogable rights recognized by international human
rights law, are inadmissible.” 163
153. However, regarding the State’s international responsibility based on Decree Law No.
2,191, which was established in the decision in the case of Almonacid Arellano et al. v.
Chile, it should be recalled that, in relation to the facts of that case, the Court noted that
this norm had been applied in 1997 and 1998, preventing the continuation of criminal
proceedings. 164 The Court also noted that, “[i]n recent years, [prior to September 2006,]
the Chilean Judiciary had not applied Decree Law No. 2,191 in several cases.” 165 This is
consequent with the observation of the representatives in this case in their pleadings and
motions brief, when they stated that, from 1998 to 2006, Decree Law No. 2,191 “began to
be used less frequently.”
154. After the State had become aware of the acts of torture committed against Mr.
García Lucero, the continued existence of Decree Law No. 2,191 could constitute an obstacle
to the opening of an investigation. However, the body of evidence does not reveal probative
elements of acts that denote the specific application or proved impact of Decree Law No.
2,191 on the investigation of the facts of this case. Therefore, it has not been proved that
the mere existence of Decree Law No. 2.191 was the cause of the failure to open an
investigation into what happened in the case of Mr. García Lucero prior to October 7, 2011;
nor has it been proved that, to date, it has affected the evolution of the investigation
opened on that date. In any case, it should be stressed that, based on the findings made in
the judgment in the case of Almonacid Arellano et al., the Court established that “in view of
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. 166
Despite recalling its findings in the said judgment, in the instant case, the Court does not
find it appropriate to rule on the State’s international responsibility as a result of the
existence of Decree Law No. 2,191.
C.2.2) Regarding article 15 of Law No. 19,992
155. The representatives provided the text of article 15 of Law No. 19,992 and neither the
State nor the Commission contested this. 167 The Court notes that the representatives
affirmed that article 15 of Law No. 19,992 constitutes one of the “structural obstacles in
Chile’s legal system that prevents the successful completion of investigation, prosecution,
punishment, and due reparation.” The Court notes, on the one hand, that the Commission
did not refer to this article in its Merits Report and, on the other hand, that the State
contested the questioning of this article and considered that it was inadmissible to declare
any violation based on the representatives’ arguments.
163
Case of Almonacid Arellano et al. v. Chile, supra, para. 112. See also Case of Barrios Altos v. Peru. Merits,
supra, para. 41.
164
Case of Almonacid Arellano et al. v. Chile, supra, paras. 82.20 and 82.21.
165
Case of Almonacid Arellano et al. v. Chile, supra, paras. 82.25.
166
Case of Almonacid Arellano et al. v. Chile, supra, para. 119.
167
The text states “the documents, testimony and background information provided to the National
Commission on Political Imprisonment and Torture by the victims is confidential […]. That confidentiality […] shall
be maintained for 50 years […]. While the confidentiality established in this article is in force, no persons, groups of
persons, authority or judge shall have access to the items indicated in the first paragraph of this article, without
prejudice to the personal right of the owners of the documents, reports, statements and testimony included in them
to publicize them or provide them to third parties of their own volition.”
48