17
doing so, the Court shall follow the rules of reasonable credit and weight analysis,
within the applicable legal framework.
A)
Documentary Evidence
71.
The documentary evidence submitted by the State includes a witness
statement in response to the Order of the Court of February 7, 2006 (supra para. 20)
and an expert report pursuant to the Order of the President of the Court of March 24,
2006 (supra para. 27). Such testimonies are summarized as follows:
a) Statement of Mr. Cristián Correa-Montt, witness proposed by the
State
The witness made a statement “concerning the reparation measures established by
the Chilean State in favor of the victims of human rights violations committed by the
dictatorship that ruled from 1973 to 1990.”
According to the witness, as a result of its efforts, the Comisión Nacional de Verdad y
Reconciliación (National Truth and Reconciliation Commission) “submitted a report
with facts concerning the way human rights were violated, including a summary of
the main facts of all the prosecutions that resulted in convictions and a list of all
pending cases.”
As part of the recommendations of the Comisión Nacional de Verdad y Reconciliación
(National Truth and Reconciliation Commission), and in order to implement a policy
of reparation for the victim's next of kin, the Corporación Nacional de Reparación y
Reconciliación (National Corporation for Reparation and Reconciliation) was created
under Law No. 19.123 of February 8, 1992 (hereinafter “Law No. 19.123”). Its
purpose “was to coordinate, implement and promote all such actions as were
necessary for complying with the recommendations of the Report issued by the
Commission.” In addition, Law No. 19.123 provided for other reparation measures: a
reparation pension, the amount of which should vary according to the kinship with
the victim; health benefits consisting of free assistance in institutions depending on
the National Health Care System; educational benefits and the option to be
exempted from mandatory military service for the children of victims.
As the process leading to the recognition of human rights violations and
reconciliation continued, the State instituted several reparation measures, including:
a)
“Programa de Apoyo a los Presos Políticos (Political Prisoners Support
Program)” for individuals kept in custody as of March 11, 1990, which sought
to provide financial support to assist them in reintegrating into society and
being pardoned and/or in having their sentences commuted in order for them
to regain freedom;
b)
“Programa de Reparación y Atención Integral de Salud (PRAIS)
(Comprehensive Health Service and Reparation Program)” for those affected
by human rights violations;
c)
“Corporación Nacional de Reparación y Reconciliación (National
Reparation and Reconciliation Corporation),” created by Law No. 19.123 as
the follow-up to the Comisión Nacional de Verdad y Reconciliación (National