19.
He states that. on January 28, 1999, the 8th Civil Court dismissed the claim because it
considered that "the deed on which the claim for damages was based occurred on a given date in 1973, and
between then and the date of notification of the claim in the instant case, far more time had elapsed than the
five years for prescription of the case that the Court deems applicable in the case at hand." The petitioner
points out that this means that María Órdenes should have sued the State in 1977, during the very same
dictatorship, for her application to have been heard. He states that the plaintiff filed an appeal against that
judgment, which was dismissed on October 24, 2002 by the Fourth Division of the Court of Appeals of
Santiago (hereinafter "the CAS"), which repeated the argument of the lower court that the case had
prescribed due to the statute of limitations. The petitioner went on to say that an appeal for annulment on the
merits was filed against that decision and declared "lapsed" (desierto) by the Supreme Court of Justice
(hereinafter "the CSI") on January 7, 2003, so that the file was returned to the first instance court, which
issued a "Let the Judgment be Executed" (“cúmplase”) resolution on March 17, 2003: the last to be issued in
this case.
Case 12.522 – Specific Arguments – Lucía Morales Compagnon et al. (next of kin of Jorge
Ovidio Osorio Zamora)
20.
The petitioner states that, in the quest for judicially ordered comprehensive reparation, in
1997 the wife and children of Jorge Osorio brought a civil action for damages before the 8th Civil Court
(thereby initiating the "Morales with Treasury of Chile" proceedings, Case Record No. 4720-97), on account of
his arrest and execution in 1973 by State security agents, as acknowledged by the report of the Rettig
Commission. The petitioner indicates that on January 27, 1999, the 8th Civil Court denied the reparation
claim on the grounds that, under civil law provisions, the action for reparation had prescribed. He points out
that the plaintiffs appealed that ruling before the CAS, which conformed to the lower court's decision on
December 10, 2002. He mentions that the plaintiffs filed an appeal for annulment of that judgment before the
CSL, which declared it "lapsed" on March 25, 2003, for failure to have paid for some photocopies, so that the
file was returned to the original court. The petitioner states that, on April 2, 2003, the "Let the Judgment be
Executed" (“cúmplase”) resolution was issued: the last to be issued in this case.
Case 12.523 – Specific Arguments – Alina Barraza Codeceo et al. (next of kin of Hipólito Cortés
Alvarez)
21.
The petitioner states that, in the quest for judicially ordered comprehensive reparation, in
1999 the wife and children of Jorge Cortés brought an action for damages before the Second Civil Court of "La
Serena" (hereinafter "the 2nd Civil Court) (thereby initiating the "Cortés with Treasury of Chile" proceedings,
Case Record No. 1122-99), on account of his arrest and execution in 1973, as acknowledged by the report of
the Rettig Commission. He indicates that, on March 9, 2001, the 2nd Civil Court admitted the claim and
sentenced the State to pay each of the plaintiffs fifteen million pesos. He states that the Chilean Treasury
appealed that judgment before the CAS of "La Serena", which revoked the lower court's judgment on April 9,
2002 after accepting the State's argument that the case had prescribed. The petitioner points out that the
plaintiffs filed an appeal for annulment of that ruling with the CSJ, which dismissed it on May 7, 2003, thereby
rendering definitive judgment denying reparation to the plaintiffs. He states that the case file was returned to
the court of origin, which, in June 2003, apparently issued the "Let the Judgment be Executed" (“cúmplase”)
resolution: the last to be issued in this case, putting an end to the proceedings and ordering the case to be
archived.
Case 12.520 – Specific Arguments – Magdalena Mercedes Navarrete et al. (next of kin of Mario
Melo Pradenas, Ramón Luis Vivanco, Rodolfo Alejandro Espejo Gómez, and Sergio Alfonso
Reyes Navarrete)
22.
The petitioner states that, in the quest for judicially ordered comprehensive reparation, the
wife and siblings of Sergio Reyes - Magdalena Mercedes Navarrete, Alberto Reyes Navarrete, Víctor Eduardo
Reyes Navarrete, and Patricio Hernán Reyes Navarrete - filed for reparation for moral prejudice on account of
his kidnapping and disappearance in 1974, as acknowledged by the report of the Rettig Commission, and that
on June 19, 2002, in the "Navarrete with Treasury of Chile" proceedings, Case Record No. 3118-2000, the
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