TABLE OF CONTENTS
I INTRODUCTION OF THE CASE AND SUBJECT OF THE DISPUTE
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II PROCEEDINGS BEFORE THE COURT
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III COMPETENCE
IV PRELIMINARY OBJECTION: LACK OF TEMPORAL AND MATERIAL COMPETENCE
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A. ARGUMENTS OF THE PARTIES AND OF THE COMMISSION
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B. CONSIDERATIONS OF THE COURT
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B.1.) REGARDING THE LACK OF MATERIAL COMPETENCE
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B.2.) REGARDING THE LACK OF TEMPORAL COMPETENCE
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V EVIDENCE
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A. DOCUMENTARY, TESTIMONIAL AND EXPERT EVIDENCE
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B. ADMISSION OF THE DOCUMENTARY EVIDENCE
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C. ADMISSION OF THE STATEMENTS OF THE PRESUMED VICTIMS, AND THE TESTIMONIAL AND EXPERT EVIDENCE
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VI FACTS
A. BACKGROUND: FACTS PRIOR TO THE ACCEPTANCE OF THE CONTENTIOUS JURISDICTION OF THE COURT
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A.1) CONTEXT
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A.2.) SITUATION OF LEOPOLDO GARCÍA LUCERO AND HIS FAMILY
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A.2.1) Regarding Mr. García Lucero and his family
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A.2.2) Detention, torture and exile of Leopoldo García Lucero (from September 16, 1973, to June 12,
1975)
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A.2.3) Decree Law No. 2,191 or Amnesty Law
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A.2.4) National Truth and Reconciliation Commission (Rettig Commission)
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B. FACTS SUBSEQUENT TO THE ACCEPTANCE OF JURISDICTION
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B.1. SYSTEM OF REPARATIONS ADOPTED BY THE STATE
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B.1.1) Law No. 19,123 - National Compensation and Reconciliation Board
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B.1.2) Laws that regulate the pension and special bonus payment for those “dismissed for political
reasons”
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B.1.3) Laws relating to Chileans who were exiled
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B.1.4) Human Rights program “No hay Mañana sin Ayer”
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B.1.5) National Commission on Political Imprisonment and Torture (Valech Commission)
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B.2) MEASURES OF REPARATION GRANTED TO MR. GARCÍA LUCERO BY THE STATE
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B.2.1) Benefit as a Person Dismissed for Political Reasons under Law No. 19,234
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B.2.2) Special compensatory bonus payment under Law No. 20,134
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B.3.3) One-time bonus payment under Law No. 19,992
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B.3 CURRENT SITUATION OF MR. GARCÍA LUCERO
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C. FACTS RELATING TO THE INVESTIGATION OPENED ON OCTOBER 7, 2011
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VII JUDICIAL GUARANTEES AND JUDICIAL PROTECTION IN RELATION TO THE GENERAL OBLIGATION TO
ENSURE HUMAN RIGHTS AND THE OBLIGATION TO ADAPT DOMESTIC LEGISLATION AND THE
OBLIGATIONS TO INVESTIGATE AND TO PUNISH ACTS OF TORTURE AND TO GUARANTEE THEIR
INTEGRAL REPARATION
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A. INTRODUCTION
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B. REGARDING THE INVESTIGATION OF THE FACTS
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B.1) ARGUMENTS OF THE COMMISSION AND OF THE PARTIES
B.2) CONSIDERATIONS OF THE COURT
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B.2.1) Regarding the immediate opening of an investigation ex officio
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