27
a) Almonacid-Arellano, Gómez-Olivares and their children
82(1) Luis Alfredo Almonacid-Arellano and Elvira del Rosario Gómez-Olivares got
married21 and had three children: Alfredo, Alexis, and José Luis Almonacid-Gómez.
82(2) Mr. Almonacid-Arellano “was an elementary education teacher and activist in
the Chilean Communist Party, party director candidate, provincial secretary of
Central Unitaria de Trabajadores - CUT (Central Labor Union) and union leader of
Sindicato Unido de Trabajadores de Educación – SUTE (Education Labor Union).”22
b) Background: events occurred before August 21, 1990
i)
Context
82(3) On September 11, 1973 a military coup d’etat overthrew the Government of
President Salvador Allende in Chile. “The armed forces, through the Military Junta,
took over the executive power first (Decree Law No. 1) and then the constituent and
legislative power (Decree Law No. 128).”23 The new President of the
Republic/Commander in Chief enjoyed “a number of powers without precedents in
Chile. Not only did the leader rule and administer the country, but he was also a
member and the president of the Military Junta –therefore, legislation could only be
passed and the Constitution could only be amended upon his participation. He was
also the Commander in Chief of the Army.”24 Decree Law No. 5 of September 22,
1973, “established that the state of siege for the civil commotion in which the
country was enmeshed should be construed as a ‘state or time of war’.”25
82(4) Widespread repression against alleged opponents to the regime (infra para.
82(6)) was a standard State policy from that date until the end of the military rule
on March 10, 1990, “though subject to changing intensity and various selectivity
levels26 for choosing victims.”27 Said repression was characterized by systematic and
21
Cf. Certificate of marriage issued by the Registrar of Life Statistics of Rancagua, (record of
appendixes to the State’s final written arguments, Appendix 1, folio 1675).
22
Cf. Report of the Comisión Nacional de la Verdad y Reconciliación (National Truth and
Reconciliation Commission), Volume III, page 18, (record of appendixes to the State’s final written
arguments, Appendix 2, folio 2572).
23
Cf. Report of the Comisión Nacional de la Verdad y Reconciliación (National Truth and
Reconciliation Commission), Volume I, page 42, (record of appendixes to the State’s final written
arguments, Appendix 2, folio 2101).
24
Cf. Report of the Comisión Nacional de la Verdad y Reconciliación (National Truth and
Reconciliation Commission), Volume I, page 47, (record of appendixes to the State’s final written
arguments, Appendix 2, folio 2103).
25
Cf. Report of the Comisión Nacional de la Verdad y Reconciliación (National Truth and
Reconciliation Commission), Volume I, page 60, (record of appendixes to the State’s final written
arguments, Appendix 2, folio 2110).
26
Cf. Report of the Comisión Nacional de la Verdad y Reconciliación (National Truth and
Reconciliation Commission), Volume I, page 115, (record of appendixes to the State’s final written
arguments, Appendix 2, folio 2137).
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