82. On August 17, 2001, Carlos Melo Pradenas, Mario Melo Acuña, and María Ilia Pradenas, the brother and parents of the victim filed a civil suit against the State before the 8th Civil Court for damages on account of moral prejudice.94 On September 27, 2002, the Court dismissed the suit as it considered that the facts of the case had not been proven and the action had prescribed. 95 It also deemed that the plaintiffs had already received compensation under Law 19.123. That judgment was appealed before the CAS and the appeal declared void on June 12, 2003.96 83. The father of the victim has been receiving a monthly reparation pension since August 1, 2006, in the amount corresponding to a single beneficiary (360, 674 Chilean pesos). 97 The parties did not report whether the brother of the victim receives reparation benefits. G. Treasury Situation of Katia Ximena Espejo and her mother and their case against the Chilean 84. According to the report of the Rettig Commission, on August 15, 1974, 18-year-old Rodolfo Espejo, a secondary school student and active member of the Socialist Party, was arrested98 by members of the National Intelligence Directorate (DINA).99 In response to judicial inquiries as to his whereabouts, the authorities denied that he was being held.100 Thanks to witnesses' testimony, it was established that he had been held in Londres No. 38 and Cuatro Alamos.101 The Rettig Commission reached the conviction that he was disappeared by State agents, who violated his human rights.102 85. Under Law 19.123, Rodolfo Espejo's mother, Elena Alejandrina Gómez, has been receiving a monthly pension in the amount of 360,674 Chilean pesos since July 1, 1991. 103 She also received a compensation award.104 The parties did not report whether the sister of the victim receives reparation benefits. 86. On July 19, 2000, Katia Espejo and her mother filed a civil suit for damages on account of Rodolfo's death with the 17th Civil Court.105 On June 19, 2002, the 17th Civil Court declared that it had been proved that Rodolfo Espejo had been detained and disappeared by State agents, but denied the claim because [… continuation] 93 The State's brief of November 21, 2008, which was not contested by the petitioner. 94 22, 2004. Action filed by Carlos Melo et al. before the 8th Civil Court against the Chilean Treasury. Attached to the petition of January 95 8th Civil Court, Judgment of September 27, 2002, Melo et al. against the Chilean Treasury. Seventh and Eighth Whereas Clauses. Attached to the petition of January 22, 2004. 96 Judicial Branch of the Republic of Chile. Inquiry into status of cases, breakdown of developments. Case C-2918/2000. 97 The State's brief of November 21, 2008, which was not contested by the petitioner. Report of the Rettig Commission, Volume II, pp. 840 and 841. 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. 98 99 Report of the Rettig Commission, Volume II, pp. 840 and 841. 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. 100 Report of the Rettig Commission, Volume II, p. 841. 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. 101 Report of the Rettig Commission, Volume II, pp. 841. 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. 102 Report of the Rettig Commission, Volume II, p. 841. 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. 103 The State's brief of November 21, 2008, which was not contested by the petitioner. 104 The State's brief of November 21, 2008, which was not contested by the petitioner. 105 Actions for damages brought by Katia Ximena Espejo et al. Attached to the petition of October 16, 2003. 16

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