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their liberty or subjected to torture for political reasons as a result of acts of
Government officials or other persons under their authority” and to “propose
reparation measures.”
As for the measures that have benefited Mr. Almonacid-Arellano’s next of kin, the
witness pointed out that all the members of the nuclear family have been entitled to
the abovementioned health reparation measures. “Mr. Almonacid’s wife has received
the pension [...]. Their children received the bonus […]. Throughout the years these
measures have been effective, the nuclear family have received money transfers […]
for some US$ 98,000.00 (ninety-eight thousand United States Dollars) altogether. In
addition, two of the children availed themselves of the right to receive higher
education grants under Law No. 19.123. [...] The nuclear family has received student
grants for a total sum of US$ 12,180.00 (twelve thousand one hundred and eighty
United States Dollars).”
Lastly, the witness stated that “all of these reparation measures reflect the State’s
will to recognize the human rights violations committed, including an individual
recognition of the victims and their significance, and to adopt all such financial,
health, educational, housing, and other measures as are necessary to meet the
victim’s needs.”
b) Expert Opinion of Mr. Cristián Maturana-Miquel, expert witness
proposed by the State
According to the expert witness, “after the [American] Convention was ratified, it
was necessary to constrain its initial scope by means of a Declaration made by the
Chilean State, taking into account that democracy cannot be restored immediately
but gradually.”
“Said Declaration, which is not a reservation, bars the Commission and the Court
from hearing cases that concern events arising from circumstances that took place
before March 11, 1990.”
“The first recommendation [of the Inter-American Commission], which is to establish
responsibility for the extra-legal execution of Luis Alfredo Almonacid-Arellano
through a fair trial and a thorough and unbiased investigation of the facts, [...]
requires the State to go back to an event that took place before March 11, 1990 and
thus, pursuant to the Declaration made by the Chilean State, neither the Commission
nor the Inter-American Court have competent jurisdiction.”
The same is true of the second recommendation made by the Commission consisting
of “adjusting these legislative or other measures so as to set aside Decree Law No.
2.191, known as the ‘self-amnesty’ law” inasmuch as “such Decree Law dates back
to 1978 and therefore falls under the scope of the Declaration.”
As regards “the adjustment of domestic legislation to Human Rights laws,” the expert
witness stated that Chile “has slowly yet steadily introduced significant changes in
that direction.”
As for military criminal courts, the expert witness stated that “the scope of their
jurisdiction has been restricted through Law No. 19.047, published in the Official
Gazette of February 14, 1991” and “several changes have been introduced and
granted constitutional status.”