"Continuation of the Law No. 19.1213 Program of the Ministry of the Interior", with a view to intervening in
the judicial proceedings relating to violations committed during the dictatorship, either directly, by filing
complaints or acting as a third party, or indirectly, by providing information requested by judges.
29.
The State maintains that in 2003, the Government and representatives of groups of family
members of victims signed a Memorandum of Agreement to construct works of symbolic reparation in
several parts of the country. It adds that toward the end of that year, the Government proceeded to establish
the National Commission on Political Imprisonment and Torture (hereinafter "the Valech Commission"),
which received 35,000 witnesses' statements and identified more than 28,000 people as victims.
30.
The State indicates that, within that framework, it stepped up its efforts in 2004 and two
reparation laws were promulgated. The first was Law No. 19.980 which amended Law No. 19.123 and
established or expanded benefits for family members of victims of execution or forced disappearance. The
State stresses that said law included, inter alia, the following benefits: (i) a single reparation award for
children who were not granted a reparation pension; and (ii) the granting of 200 government aid pensions
(pensiones de gracia) for families in special situations defined in the law. It adds that the aforementioned law
also made special resources available for health care through the Reparation and Comprehensive Health Care
Program (PRAIS) and that it increased the resources allocated by the Ministry of the Interior for building and
improving memorials and historic sites for remembering the victims.
31.
It maintains that the second reparation law, No. 19.992, established a reparation pension
and granted other education, health, and housing benefits for persons classified as victims of imprisonment
and torture for political reasons, at the hands of State agents, between September 11, 1973 and March 10,
1990.
32.
Regarding the above reparation measures, the State claims that they addressed four core
areas: (i) collective and individual reparation; (ii) material and moral reparation; (iii) social aid programs;
and (iv) remembrance. The State also points out that the reparation policy implemented to those ends was
the subject of a review by the Inter-American Court, which expressed appreciation of that State policy in its
judgment in the Almonacid v. Chile case.
33.
In addition, the State points out that Law 19.123, amended by Law 19.980, established
reparation benefits for family members of disappeared and executed political prisoners in the cases under
review that were classified as such by the Rettig Commission and the CNRR. It further alleges that health care
was provided to the whole family group through PRAIS; scholarships were awarded to children under 35
years of age, along with exemption from mandatory military service, and a reparation pension. The State
points out that the monthly reparation pension amount delivered to alleged victims or family members of
victims of the dictatorship varies according to the number of beneficiaries. It indicates that when there is
only one beneficiary the amount is 360,674 Chilean pesos; if there is more than one, the amount paid out is
504,903 Chilean pesos.
34.
As for social security benefits, the State points out that the alleged victims in this case
received reparation pensions and awards. In that connection, it asserts that in the "Codoceo et al” case, the
spouse of Hipólito Cortés, Alina Barraza Codoceo, has been receiving a monthly pension since July 1991; 12 and
her seven children received reparation awards of between eight and ten million Chilean pesos. During the
public hearing before the IACHR on March 21, 2009, the representative of the State specified that Alina
Barraza Codoceo continued to receive a pension (currently US$600) and that since 1991 she had received
US$25,000 in all. He said that her children had received total reparation of approximately US$6,000. 13 He
12 The State indicates that the monthly amount received between July 1991 and November 2007 was 36,626,798 Chilean
pesos. State’s brief of November 21, 2008.
13 Public hearing before the IACHR during its 134th period of sessions. Cases 12.529 Katia Ximena del Carmen Espejo Gómez et
al, and 12.521 Alina María Barraza Codoceo et al (Chile), March 21, 2009.
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