Aceituno and Vasquez v. Chile
Key Judgment
Legal Relevance
Keywords: Admissibility
Themes: Characteristics of the Crime
The Committee noted, notwithstanding that the state had not challenged the admissibility of the communication, that the acts giving rise to the claims related to the death of the victims took place prior to the international entry into force of the Covenant and prior to the entry into force of the Optional Protocol for Chile. For this reason, the Committee considered the claims inadmissible on ratione temporis grounds.
Judgment Date
July 26, 1999
Country
Chile
Judicial Body
Human Rights Committee
Articles not violated / not dealt with
Article 2 [ICCPR], Article 5 [ICCPR], Article 15(1) [ICCPR], Article 15(2) [ICCPR], Article 16 [ICCPR], Article 26 [ICCPR]
Facts of the Case
Mr. Humberto Menanteau Aceituno was detained at his parents' house on 19 November 1975. The day after, Mr. JoseĢ Carrasco Vasquez was also detained. It is believed they were both killed on 1 December 1975. Their relatives recognised their bodies at the morgue. Their corpses were mutilated and presented signs of torture. An eyewitness identified the DINA members who had allegedly taken part in the kidnappings and murders of the victims.