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torturers as that information is being kept “secret” for 50 years. The petitioners argue that this
means that investigation and punishment of those responsible, which is part of the duty to provide
adequate reparation, is impossible. Law 19,992 ("Law on reparations for recognized victims of
political imprisonment and torture") -adopted on December 24, 2004- establishes a compensatory
pension and other benefits for those persons identified in the Valech Commission’s report.
However, it does not include those persons who opted for the benefits provided under the 1993
Law 19.234, which established the “Programa de Reconocimiento al Exonerado Político” intended
to compensate State employees who, under the dictatorship, lost their jobs due to their political
ideology. Under Law 19,992, if an individual opted to receive compensation as an employee who
was fired for political reasons (“exonerado politico”), he or she was only entitled to reparations in
the form of a one-time bonus of three million pesos (approximately USD 5,847). In the instant case,
the alleged victim opted for this option (to receive this one-time payment) for a number of reasons,
one of which was that under this law he would be able to pass his pension to his heirs. The
petitioners contend that there is no reason why persons should be required to choose between
these benefits, since the reason for the reparations under the two laws is radically different.
19.
As for the reparations obtained for being an “exonerado politico”, the petitioners
allege that for seven years the State delayed granting Mr. García Lucero his status as an “exonarado
politico”, which meant that he did not begin to exercise his rights under that law until 2000, when
he began receiving a monthly pension of 79,776 Chilean pesos (the equivalent, according to the
petitioners, to approximately USD 155). The petitioners point out that the amount of the pension is
insignificant, especially given the high cost of living in the United Kingdom. They further contend
that the State recognized Mr. Garcia Lucero as a beneficiary of the special compensatory bonus of
1,900,000 pesos (which according to the petitioners is the equivalent of USD 3,010) for
”exonerados politicos” under Law 20,134 of 2006. However, the petitioners contend that the
State still owes Mr. García Lucero a percentage withheld for taxes, since the amount in question
was not subject to taxation. They argue that the alleged victim has had enormous difficulties in
getting the bonuses to which he is entitled as an “exonerado politico”. They further argue that the
State has not been diligent in this regard and has not taken the necessary steps to ensure that
persons in exile have easy access to the information and procedures necessary to claim their rights.
The petitioners also contend that these reparations, which are in the form of a pension, have been
given to Mr. García Lucero as a result of being considered an “exonerado politico”, and are not
reparations to compensate for his arbitrary detention and torture or for the denial of justice of more
20 years since Chile ratified the American Convention.
20.
The petitioners argue further that these amounts do not account for the lost wages
that he ceased to receive and the lost savings; also that they fail to take into account his disability.
The petition states that after further clarifications, the alleged victim was informed that although
Laws 19,234 and 19,582 took into consideration the victims’ physical and mental disability, the
reasons for those disabilities were not considered in determining the amounts and that the Ministry
had discretionary authority to make a decision on the matter.
21.
The petitioners also contend that because he was expelled from Chile, the alleged
victim lost the savings he had in an account with an association then called AHORRANET, and that
the State should compensate him for his lost savings. In response to the State’s contention that at
any time in the period between 1975 and 1990 Mr. García Lucero could have arranged to collect his
savings, the petitioners contend that he was not in an adequate physical and mental condition to be
able to conduct those transactions from the United Kingdom.
22.
The petitioners argue that Mr. García Lucero cannot claim the housing, health and
education benefits to which victims of torture in Chile are entitled under the Program for
Reparations and Comprehensive Health (“Programa de Reparación y Ayuda Integral en Salud y
Derechos -PRAIS-“) because he does not live in Chile and there is no international agreement with