Enforced Disappearance Legal Database

Aceituno and Vasquez v. Chile

Key Judgment


Legal Relevance

Admissibility

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 14(1) [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. José 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.

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