40
de Verdad y Reconciliación (National Truth and Reconciliation Commission).”105 To
that effect, a monthly pension was granted to the next of kin of the victims of human
rights violations or political violence,106 they were granted the right to receive certain
free medical 107 and educational benefits,108 and the children of the victims were
exempted from military service, if summoned to do it.109
82(30) On November 11, 2003, Supreme Decree No. 1.040 was published in the
Official Gazette, whereby the Comisión Nacional sobre Prisión Política y Tortura
(National Commission on Political Imprisonment and Torture) was created to find the
truth regarding the individuals who were deprived of freedom and tortured for
political reasons within the period of the de facto military Government.110 Moreover,
in its final report the Commission proposed symbolic collective and individual
reparation measures (embodied in Law No. 19.992).
82(31) On October 29, 2004, Law No. 19.980 was passed. Said Law amended Law
No. 19.123 (supra para. 82(29)) by broadening and adding new benefits for the next
of kin of the victims, including a 50 percent increase in the amount of the monthly
reparation pension; the empowerment of the President of the Republic to grant a
maximum of 200 non-contributory pensions and the broadening of the scope of
health benefits.111
82(32) In addition to the foregoing, the State adopted the following reparation
measures: i) Programa de Apoyo a los Presos Políticos (Political Prisoners Support
Program) for individuals kept in custody as of March 11, 1990; ii) Programa de
Reparación y Atención Integral de Salud (PRAIS) (Comprehensive Health Service and
Reparation Program) for those affected by human rights violations; iii) Programa de
Derechos Humanos del Ministerio del Interior (Human Rights Program of the
Department of the Interior); iv) technological improvements for the Legal Medical
Service; v) Oficina Nacional del Retorno (National Return Office); vi) Programa para
Exonerados Políticos (Political Exoneration Program); vii) restitution of or
compensation for property seized and acquired by the State; viii) the setting of the
Mesa de Diálogo sobre Derechos Humanos (Human Rights Conversation Table), and
105
Cf. Article 1 of Law No. 19.123, published in the Official Gazette on February 8, 1993, (record of
appendixes to the State’s final written arguments, Appendix 3, folio 3383).
106
Cf. Articles 17 to 27 of Law No. 19.123, published in the Official Gazette on February 8, 1993,
(record of appendixes to the State’s final written arguments, Appendix 3, folios 3389 to 3392).
107
Cf. Article 28 of Law No. 19.123, published in the Official Gazette on February 8, 1993, (record of
appendixes to the State’s final written arguments, Appendix 3, folio 3393).
108
Cf. Articles 29 to 31 of Law No. 19.123, published in the Official Gazette on February 8, 1993,
(record of appendixes to the State’s final written arguments, Appendix 3, folios 3393 to 3394).
109
Cf. Article 32 of Law No. 19.123, published in the Official Gazette on February 8, 1993, (record of
appendixes to the State’s final written arguments, Appendix 3, folio 3394).
110
Cf. Report of the Comisión Nacional sobre Prisión Política y Tortura (National Commission on
Political Imprisonment and Torture), (record of appendixes to the State’s final written arguments,
Appendix 4, folio 3430).
111
Cf. Law No. 19.980, published in the Official Gazette on October 29, 2004, (record of appendixes
to the answer to the application, folios 376 to 379).
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