30
revoked said dismissal on December 7, 1973.41 After that date, the case was
dismissed time and time again by the Criminal Court,42 while the Appeals Court
continued revoking the dismissals ordered,43 until the temporary dismissal of the
case was confirmed on September 4, 1974.44
iii) Decree Law No. 2.191
82(10) On April 18, 1978, the de facto government ruling the country issued Decree
Law No. 2.191, whereby it granted amnesty as follows:
Whereas:
1°- The country is now enjoying general peace, order and quietness, and the civil
commotion stage has been overcome, thus leading to the conclusion of the state of siege
and curfew in the entire national territory;
2°- Ethics demand the best efforts to strengthen the relations that join Chile as one
nation, overcoming hostilities that are meaningless today and promoting initiatives to
consolidate the reunification of the Chilean people;
3°- It is necessary to rely on strong national unity to support progress towards new
institutions to rule the destiny of Chile.
The Government has decided to issue the following Decree Law:
Section 1 - Amnesty shall be granted to all individuals who performed illegal acts, whether
as perpetrators, accomplices or accessories after the fact, during the state of siege in force
from September 11, 1973 to March 10, 1978, provided they are not currently subject to
legal proceedings or have been already sentenced.
Section 2 - Amnesty shall be further granted to those individuals who, to the date of this
Decree Law, have been sentenced by military courts, after September 11, 1973.
Section 3 - Amnesty, as specified in Section 1 above, shall not apply to any individuals
against whom criminal actions are pending for parricide, infanticide, robbery aggravated
by violence or intimidation, drug production or dealing, abduction of minors, corruption of
minors, arson and other damage to property; rape, statutory rape, incest, driving under
the influence of alcohol, embezzlement, swindling and illegal exaction, other fraudulent
practices and deceit, indecent assault, crimes included in Decree Law No. 280 of 1974, as
amended; bribery, fraud and smuggling, and crimes included in the Tax Code.
Section 4 - The provisions of Section 1 shall not apply to any individuals allegedly
responsible, whether as perpetrators, accomplices or accessories after the facts, for the
events investigated under proceedings No. 192-78 before the Military Court of Santiago,
Ad Hoc Prosecutor’s Office.
41
Cf. Resolution of the Appeals Court of Rancagua of December 7, 1973, (record of appendixes to
the State’s final written arguments, Appendix 1, folio 1634).
42
Cf. Resolutions of the First Criminal Court of Rancagua of April 8 (record of appendixes to the
State’s final written arguments, Appendix 1, folio 1631), May 17 (record of appendixes to the State’s final
written arguments, Appendix 1, folio 1658), and August 7, 1974 (record of appendixes to the State’s final
written arguments, Appendix 1, folio 1666).
43
Cf. Resolutions of the Appeals Court of Rancagua of April 30 and June 18, 1974, (record of
appendixes to the State’s final written arguments, Appendix 1, folios 1655 and 1661).
44
Cf. Resolution of the Appeals Court of Rancagua of September 4, 1974, (record of appendixes to
the State’s final written arguments, Appendix 1, folio 1669).
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