47.
Supreme Decree No. 355 construed serious violations as22 "situations of those persons who
disappeared after arrest, who were executed, or who were tortured to death, in which
the moral responsibility of the state is compromised as a result of actions by its
agents or persons in its service, as well as kidnappings and attempts on the life of
persons committed by private citizens for political purposes."23
48.
Having completed it task, the Rettig Commission issued its report, which was approved
unanimously. It was delivered to President Aylwin on February 8, 1991 24 and released by him on March 4,
1991, when he asked for forgiveness by the victims of those violations. On that occasion, the President said:
As President of the Republic, I dare to take it upon myself to represent the entire nation in order, on
its behalf, to ask forgiveness from the family members of the victims [...] publicly and solemnly
[restore] the good name of the victims who were accused of crimes which were never proven and
who were never given the opportunity or adequate means to defend themselves."25
49.
This Commission made recommendations for restoring the good name of people and making
symbolic reparation26; legal and administrative recommendations 27; and recommendations in the area of
social welfare28. On February 8, 1992, Law No. 19.123 established the CNRR, to "coordinate, execute, and
promote the actions needed to comply with the recommendations contained in the Report of the national
Truth and Reconciliation Commission."29 This Law also stipulated that the functions of the CNRR shall include
promoting reparation of the moral prejudice done to the victims and granting the social and legal assistance
required by the family members of the victims in order to access the benefits contemplated in the law. 30
50.
To that end, a monthly pension was established for the next of kin of the victims of human
rights violations and of political violence31; they were granted the right receive certain medical benefits free
of charge32 as well as educational benefits33; and the children of victims were exempted from mandatory
military service, if they so requested. 34 It is to be noted, moreover, that Article 24 of the aforementioned Law
22
I/A Court H.R., Case of Almonacid-Arellano et al. Judgment of September 26, 2006. Series C No. 154, par. 82.26.
Article 1 of Supreme Decree (D.S.) No. 355 of April 25, 1990. In: Report of the Rettig Commission, Volume I, pp. XI to XIV. In:
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.
23
24 Message to the Nation from President Patricio Aylwin upon releasing the Report of the Rettig Commission on March 4, 1991,
Volume
II,
pp.
887
to
894.
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.
25 Message to the Nation from President Patricio Aylwin upon releasing the Report of the Rettig Commission on March 4, 1991,
Volume
II,
pp.
887
to
894.
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.
26 Report of the Rettig Commission, Volume II, pp. 1254-1256. 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.
27 Report of the Rettig Commission, Volume II, pp. 1256 to 1257. 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.
28 Report of the Rettig Commission, Volume II, pp. 1258 to 1266. 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.
29
Article 1 of Law No. 19.123, published in the Official Gazette on February 8, 1993.
30
Article 2.1 of Law No. 19.123, published in the Official Gazette on February 8, 1993.
31
Articles 17 to 27 of Law No. 19.123, published in the Official Gazette on February 8, 1993.
32
Article 28 of Law No. 19.123, published in the Official Gazette on February 8, 1993.
33
Articles 29 to 31 of Law No. 19.123, published in the Official Gazette on February 8, 1993.
34
Article 32 of Law No. 19.123, published in the Official Gazette on February 8, 1993.
9