-17A.7
Situation of the family group of Carlos Melo and their case against the
Chilean Treasury
66.
According to the report of the Rettig Commission, on September 29, 1973, Mario Ramiro
Melo Prádenas, a retired Army officer, private secretary and member of President Salvador Allende’s
security detail, who was also a socialist militant, was detained by a Chilean Air Forces (FACH) patrol
and taken to the Ministry of Defense. He was last seen at the military base in Peldehue. The Rettig
Commission reached “the conclusion that the person concerned has disappeared due to the
responsibility of State agents, in violation of his human rights, […] and the fact that since that time
there has been no news of his whereabouts or fate, and there is no record of his death or of any
proceedings that would indicate that he is alive.”51
67.
Under Law 19.123 of 1992, María Ilia Prádenas Pérez received compensation equivalent to
40 percent (504,943.00 Chilean pesos) of a monthly pension when more than one beneficiary is
involved. She received her pension from July 1, 1991, until her death on May 29, 2006.
68.
On August 17, 2001, Carlos Melo Prádenas, Mario Melo Acuña, and María Ilia Prádenas Pérez,
the brother and parents of the victim Mario Ramiro Melo Prádenas, filed a civil claim against the
State before the Eighth Civil Court for moral damages. On September 27, 2002, said court
dismissed the lawsuit, considering that the facts of the case had not been proven and that the
action had prescribed. It also pointed out that the plaintiffs had already received compensation
under Law 19.123. This judgment was appealed before the CAS, which declared the appeal void on
June 12, 2003.
69.
Mario Melo Acuña (father of the victim) has been receiving a monthly reparation pension
since August 1, 2006, for the amount corresponding to a single beneficiary ($360,674.00 Chilean
pesos). There is no record as to whether Carlos Melo Prádenas (brother of the victim) receives
reparation benefits.
A.8
Situation of Katia Ximena Espejo Gómez and her mother and their case
against the Chilean Treasury
70.
According to the report of the Rettig Commission, on August 15, 1974, Rodolfo Espejo was
arrested at his home in Santiago. He was 18 years old, a high school student and an active member
of the Socialist Party. His arrest was carried out by agents of the National Intelligence Directorate
(DINA). In response to judicial inquiries as to his whereabouts, the authorities denied that he was
being held. However, thanks to various testimonies, it was established that he had been detained
at the Londres No. 38 and Cuatro Alamos detention centers. The Rettig Commission concluded that
his disappearance was carried out by State agents, who violated his human rights.52
71.
Under the provisions of Law 19.123 of 1992, the mother of Rodolfo Espejo, Elena
Alejandrina Gómez Vargas, has been receiving a monthly pension of $360,674.00 Chilean pesos
since July 1, 1991. She also received a compensation award. It is not known whether Mr. Espejo’s
sister receives any reparation benefits.
72.
On July 19, 2000, Katia Ximena Espejo Gómez and her mother filed a civil lawsuit for
damages before the 17th Civil Court (Case Record No. 2918-200). On June 19, 2002, said court
declared that it had been proven that Rodolfo Espejo had been detained and disappeared by State
agents, but dismissed the claim because it considered that the action had prescribed. The judge
pointed out that the facts occurred on August 15, 1974, and therefore more time had elapsed than
51
Report of the Rettig Commission, Volume I, page 166.
52
Report of the Rettig Commission, Volume II, pages 840 and 841.