57C6d431037c3-Andres Aylwin Azocar V. Chile.Pdf
REPORT Nº 137/99 CASE 11,863 * ANDRES AYLWIN AZOCAR ET AL. CHILE December 27, 1999 I. SUMMA RY 1. On January 9, 1998, the Inter-American Commission on Human Rights (hereinafter the "Commission") received a petition against the Republic of Chile (hereinafter "the State," "the Chilean State," or "Chile") alleging violations of human rights set forth in the American Convention on Human Rights (hereinafter "the American Convention"), in particular political rights (Article 23) and the right to equal protection (Article 24), to the detriment of Chilean society, and in particular of the following persons identified as victims and petitioners in this case: Andrés Aylwin Azócar, Jaime Castillo Velasco, Roberto Garretón Merino, Alejandro González Poblete, Alejandro Hales Jamarne, Jorge Mera Figueroa, Hernán Montealegre Klenner, Manuel Sanhueza Cruz, Eugenio Velasco Letelier, Adolfo Veloso Figueroa, and Martita Woerner Tapia (hereinafter "the petitioners"). 2. The petitioners allege that the provision on senator-for-life (General Augusto Pinochet) and designated senators, found at Article 45 of the Chilean Constitution, thwarts the expression of popular sovereignty, implying that elections are no longer "genuine" in the terms required by Article 23(1)(b) of the American Convention, and that for the same reasons it violates the essence of the institutional framework of representative democracy, which is the basis and foundation for the entire human rights system now in force. Petitioners also allege that the designation of senators in the manner provided for under the new constitutional order in Chile constitutes an institution that violates the right to equality in voting, is inimical to popular sovereignty, and represents an obstacle making it practically impossible to change the non-democratic institutions established in the Chilean Constitution.
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