Seventeenth Civil Court of Santiago (hereinafter the 17th Civil Court) denied said reparation on the grounds
that the case had prescribed. The petitioner points out that, on November 7, 2002, the plaintiffs filed an
appeal, which was declared "lapsed" by the CAS, which returned the file on the case to the court of first
instance. He indicates that, on June 26, 2003, the "Let the Judgment be Executed" (“cúmplase”) resolution
was issued: the last to be issued in this case.
23.
He points out that in the case of Ramón Luís Vivanco, his daughter Pamela Adriana Vivanco
Medida filed for compensation for the harm done by the arrest and execution of her father -- as acknowledged
by the report of the Rettig Commission -- before the Sixteenth Civil Court of Santiago (hereinafter "the 16th
Civil Court"), thereby initiating the “Vivanco Medina with Treasury of Chile” proceedings, Case Record No.
3245-2000. The petitioner indicates that on October 4, 2004, she was denied reparation by the court of first
instance, on the grounds that the case had prescribed. He adds that the appeal against that judgment was
declared "lapsed." The petitioner points out that the file was returned to the court of first instance, which
issued the "Let the Judgment be Executed" (“cúmplase”) resolution on June 3, 2003.
24.
The petitioner states that in the case of Rodolfo Alejandro Espejo Gómez, his sister, Katia
Espejo Gómez and his mother, Elena Alejandrina Varga, brought an action for moral prejudice caused by the
kidnapping and disappearance of their family member, as acknowledged by the report of the Rettig
Commission, thereby initiating the “Espejo Gómez with Treasury of Chile” proceedings, Case record No. 29182000. The petitioner indicates that on June 19, 2002 the 17thCivil Court denied their application for
reparation, on the grounds that the case had prescribed. He adds that the appeals against that judgment was
declared "lapsed" and returned to the 17th Civil Court, which issued the "Let the Judgment be Executed"
(“cúmplase”) resolution on July 9, 2003, terminating the proceedings.
25.
He points out that in the case of Mario Melo Pradenas, his brother, Carlos Gustavo Melo
Pradenas, and his parents, Mario Melo Acuña and Ilia María Pradenas Pérez, filed an action for damages for
the harm done by the kidnapping and disappearance of their family member -- as acknowledged by the report
of the Rettig Commission -- thereby initiating the “Melo Acuña with Treasury of Chile” proceedings, Case
Record No. 3830-2001. The petitioner states that on September 27, 2002, the 8thCivil Court dismissed the
plaintiffs' claims because it considered that they had not proved the facts of the case and due to prescription.
He points out that the appeal against that judgment was declared "lapsed." According to the petitioner, the
file was returned to the court of first instance, which issued the "Let the Judgment be Executed" (“cúmplase”)
resolution on January 23, 2003, terminating the proceedings.
B.
Position of the State
26.
The State alleges that since the restoration of democracy it has been committed to seeking
truth and justice regarding the human rights violations perpetrated between 1973 and 1990. It pointed out
that, as a result of that commitment, the Rettig Commission was established and issued a report documenting
grave human rights violations under the military regime. It also points out that in 1991, the President of the
Republic, asked the family members of the victims for forgiveness.
27.
The State points out that in 1992 Law No. 19.123 established the National Corporation for
Reparation and Reconciliation (hereinafter "the CNRR"), with a view to analyzing cases that the Rettig
Commission was unable to investigate in depth, as well as new cases submitted to it. The State also points out
that CNRR was to lend social and legal assistance to the victims' next of kin, specifying that the
aforementioned Commission [sic] crafted the following six lines of action, i.e., programs to: a) classify victims;
b) investigate their final whereabouts; c) provide social and legal assistance to the victims' next of kin and
support for actions brought for reparation; d) promote education and culture; e) foster research and legal
investigations; and f) develop the corporation's documentation and archives. The State points out that in
1996, the CNRR delivered its report on "Classification of the Victims of Human Rights Violations and of
Political Violence."
28.
It adds that in 1997, in a new effort to locate persons arrested and disappeared and political
prisoners who were executed, the Government issued Supreme Decree No. 1005, establishing the
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