61.
In November 2005, under Law 19.980 of 2004, August Alcayaga's children not entitled to a
pension because of their age were granted a one-off reparation award of 10,000,000 Chilean pesos; while the
children who, based on their age, did receive reparation pensions were granted the difference between what
they had received in the form of the pension and the amount of the one-off award.53
D.
Situation of the next of kin of Lucía Morales and Patricia Cortés and their proceedings
against the Chilean Treasury
62.
According to the Rettig Commission, on September 17, 1973, Jorge Osorio, a socialist activist
and university lecturer, was detained by Investigations personnel in facilities pertaining to the Tire
Manufacturers Company, MANESA, and taken to "La Serena" prison.54 Hipólito Cortés, a worker, municipal
office, one of the leaders of the Construction Workers trade union and a Communist Party activist was
detained at his workplace by Ovalle policemen and also taken to "La Serena" prison.55 Hipólito Cortés was
drugged and beaten during his detention.56
63.
On October 16, 1973, Jorge Osorio and Hipólito Cortés were executed together with 13 other
individuals in the Arica Military Regiment, "as ordered by military courts in time of war."57 These executions
were carried out by State agents without any due process of law and the bodies were buried in a common
grave in the La Serena cemetery.58
64.
Under Law 19.123 of 1992, the wife of Jorge Osorio, Lucia Morales, has been receiving a
monthly pension since July 1991,59 and the wife of Hipólito Cortés, Alina Barraza, has also been receiving a
monthly pension since July 1991.60
65.
In 1997, the wife and children of Jorge Osorio filed a civil suit for compensation for damages
with the 8th Civil Court, thereby initiating the "Morales Lucía with the Chilean Treasury" proceedings, Case
Record No. 4720-97, on account of his arrest and execution in 1973.
66.
In 1998, the remains of both victims were exhumed, whereby the findings showed that they
had also been tortured prior to their extrajudicial executions.61 These victims are not included in the list of
persons recognized as victims by the Valech Commission.62
53
The State's brief of November 21, 2008, which was not contested by the petitioner.
54 Report of the Rettig Commission, Volume I, pp. 274. At: http://www.ddhh.gov.cl/ddhh_rettig.html.English taken from:
http://www.usip.org/sites/default/files/resources/collections/truth_commissions/Chile90-Report/Chile90-Report.pdf. Cf. 8th Civil
Court of Santiago. Judgment of January 27, 1999. Appended to the initial petition received on September 3, 2003.
55 Report of the Rettig Commission, Volume I, pp. 273. At: http://www.ddhh.gov.cl/ddhh_rettig.html.English taken from:
http://www.usip.org/sites/default/files/resources/collections/truth_commissions/Chile90-Report/Chile90-Report.pdf.
56 Judgment of the 2nd Civil Court of La Serena. Patricia Cortés against the Chilean Treasury, March 9, 2002. Second Whereas
Clause Sixth Whereas Clause. Testimony of Nicolás Emilio Fuentes Rivera. Attached to the petition of Thursday, October 16, 2003.
57 Cf. Report of the Rettig Commission, Volume I, pp. 274. At: http://www.ddhh.gov.cl/ddhh_rettig.html.English taken from:
http://www.usip.org/sites/default/files/resources/collections/truth_commissions/Chile90-Report/Chile90-Report.pdf.
58 Report of the Rettig Commission, Volume I, pp. 274. At: http://www.ddhh.gov.cl/ddhh_rettig.html and Cf. 8th Civil Court of
Santiago, Judgment of January 27, 1999.
59 The monthly amount received between July 1991 and November 2007 was 36,175,000 Chilean pesos. She continues to
receive the pension. State’s brief of November 21, 2008.
60 The monthly amount received between July 1991 and November 2007 was 36.627.798 Chilean pesos. She continues to
receive the pension. State’s brief of Friday, November 21, 2008.
61 Cf. Judgment of the 2nd Civil Court of La Serena, Patricia Cortés against the Chilean Treasury, March 9, 2001. Fifth Whereas
Clause. Enclosed with the petition presented on October 16, 2003.
62
Valech
Commission.
content/uploads/2011/10/ds1040.pdf.
List
of
Persons
Recognized
12
as
Victims.
At:
http://www.indh.cl/wp-