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Almonacid-Arellano v. Chile

I.A.C.H.R Series C, No. 154 (2006)

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Almonacid-Arellano v. Chile

Inter-American Court of Human Rights

I.A.C.H.R Series C, No. 154 (2006)

Facts

In 1973, General Augusto Pinochet led a military rebellion against the Chilean government (defendant) and its then-President Salvador Allende. Many people died during the rebellion, including Allende. Thereafter, Pinochet assumed power, remaining in control of Chile for 17 years. During Pinochet’s reign, opponents of his military rule were oppressed and murdered. In 1978, the Chilean government passed Decree Law 2.191 (Decree), which granted amnesty to Pinochet and various government officials, effectively immunizing them from prosecution for any crimes committed between September 1973 and March 1978. During this period, Luis Almonacid-Arellano, a Chilean Communist, was executed by the military. The Chilean government never investigated the crime. In 2006, Almonacid-Allende’s family members (plaintiffs) challenged the Decree in the Inter-American Court of Human Rights (IACHR), a treaty-interpretation forum created under the American Convention on Human Rights (Convention).

Rule of Law

Issue

Holding and Reasoning

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