76. Under Law 19.123 of 1992, the victim's daughter, Pamela Vivanco, received a compensation award and her pension lasted from July 1, 1991 until December 31, 1993 when, by reason of her age, she became ineligible.82 77. On August 30, 2000, Pamela Vivanco filed a civil suit for damages the 16th Civil Court, against the Chilean Treasury because of the moral prejudice caused by the death of her father. 83 On October 4, 2002, the Court dismissed the claim due to application of the five-year prescription period for actions under ordinary law established in Articles 2.514 84 and 2.51585 of the Civil Code86. The judge considered that the action had been brought more than five years after the date on which it became enforceable, namely March 4, 1991m the date on which the Rettig Commission's report was published.87 On January 22, 2003, Pamela Vivanco appealed that judgment before the CAS, which declared the appeal void on May 6, 2003, because the appellant did not appear.88 78. Under Law 19.980 of 2004, the daughter of the victim received a reparation award consisting of the difference between what she had received in the form of a pension and the amount of the award, which was 10,000,000 Chilean pesos.89 F. Situation of the Carlos Melo family group and their case against the Chilean Treasury 79. According to the report of the Rettig Commission, on September 29, 1973, Mario Ramiro Melo Pradenas, a retired Army officer, private secretary and member of President Salvador Allende's security guard, and an active Socialist was detained by a Chilean Air Forces (FACH) patrol and taken to the Ministry of Defense. He was last seen at the military base in Peldehue.90 80. The Commission "came to the conviction that his status is that of having disappeared at the hands of government agents in a violation of his human rights [...] and that since that time there has been no information on his whereabouts or his fate, nor is there any record of his death or of any dealings with the government that might indicate he is alive." 91 81. Under Law 19.123 of 1992, María Ilia Pradenas Pérez received a compensation award equal to 40 percent of (504,943 Chilean pesos) the monthly amount when more than one beneficiary is involved. 92 She received her pension from July 1, 1991 until her death on May 29, 2006.93 82 The State's brief of November 21, 2008, which was not contested by the petitioner. 83 Action filed by Pamela Vivanco against the Chilean Treasury. Attached to the petition of January 22, 2004. 84 Article 2514: Prescription terminating the suits and right of third parties requires only a given amount of time in which said actions have not been exercised. That time is counted from the moment the obligation became enforceable (exigible)." 85 Article 2515: 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. 86 16th Civil Court, Vivanco/Medina/Chilean Treasury, Judgment of October 4, 2002, Court Record Case Number: C 3545-2000. Ninth Whereas Clause. Attached to the petition of January 22, 2004. 87 16th Civil Court, Vivanco/Medina/Chilean Treasury, Judgment of October 4, 2002, Court Record Case Number: C 3545-2000. Ninth Whereas Clause. Attached to the petition of Friday, January 02, 2004. 88 CAS. Decision of May 6, 2003. Attached to the petition presented on January 22, 2004. 89 The State's brief of November 21, 2008, which was not contested by the petitioner. Report of the Rettig Commission, Volume I, pp. 165. 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. 90 91 Report of the Rettig Commission, Volume I, pp. 166. [English: p. 249]. 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. 92 The State's brief of November 21, 2008, which was not contested by the petitioner. 15