establishes that the reparation pension shall be compatible with any other reparation of any kind that the respective beneficiary is enjoying or could be entitled to. 51. In addition, on November 11, 2003, the Government established the Valech Commission through Supreme Decree No. 1.040. Its task was to identify the persons imprisoned and tortured for political reasons during the military dictatorship and to propose austere and symbolic reparation measures for the victims.35 The Valech Commission's final report was published on November 29, 2004. 36 52. On October 29, 2004, Law No. 19.980 was promulgated, amending Law No. 19.123. It expanded benefits and established new ones for family members of victims, including in particular: a 50 percent increase in the amount of the monthly reparation pension, the granting of a reparation award,37 empowerment of the President of the Republic to grant up to 200 government aid pensions (pensiones de gracia); and more extensive health care benefits. 38 53. In addition to the above-mentioned reparation measures, the State established and implemented: i) The Program to Support Political Prisoners who were deprived of their liberty at March 11, 1990; ii) the PRAIS; iii) the Ministry of the Interior's Human Rights Program; iv) technological improvements for the Forensic Medicine Service; v) The National Office for the Return of Exiled Persons; vi) the Political Exoneration Program; vii) Restitution or compensation for good confiscated or acquired by the State; viii) The Round-table Dialogue on Human Rights; and ix) President Ricardo Lagos's "There is no tomorrow without yesterday" presidential initiative.39 B. Relevant provisions of the Civil Code. 54. Chile's Civil Code (Book Four, Obligations in General and Contracts, Title XXXV, Offenses and Quasi Offenses, Article 2332) establishes that "the actions allowed under this Title for damages or fraud shall prescribe in four years from the date the deed was perpetrated."40 55. Likewise, Article 2514 in Title XLII, Prescription, establishes that "prescription terminating actions and rights of others shall only require that said actions not be exercised for a given period of time. That time is counted from the moment the obligation became enforceable (exigible)." 56. Article 2525 adds that "this period to time is generally three years for actions to initiate a summary lawsuit (acciones ejecutivas) and five years for ordinary actions. An action to initiate a summary lawsuit shall be converted into an ordinary action for three years and once converted into an ordinary action shall last only two more years." C. Situation of María Órdenes and children and their case against the Chilean Treasury 35 Cf. Articles 1 and 2 of Supreme Decree No. 1.040 of September 26, 2003. At: http://www.indh.cl/wpcontent/uploads/2010/10/ds1040.pdf. 36 I/A Court H.R., Case of Almonacid-Arellano et al. v. Chile. Judgment of September 26, 2006. Series C No. 154, par. 82.30. 37 Article 5: This right is conferred on children alive on the date of publication of this law who are not benefiting from the reparation pension referred to in Article 17 of Law No. 19.123, provided that they apply for it within one year from the date this Law is published. Children in receipt of a lifelong reparation pension as persons with disabilities shall not be entitled to this benefit. Law No.19.980 of 2004. 38 I/A Court H.R., Case of Almonacid-Arellano et al. v. Chile. Judgment of Tuesday, September 26, 2006. Series C No. 154, par. 39 The State's brief, presented on November 21, 2008, and not contested by the petitioner. 40 Legally binding Decree 1. Published on May 30, 2000. 82.31. 10

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