-8substantial progress in this area; that in recent times the jurisprudence of the national courts has
changed substantially, so that nowadays there is appropriate judicial action; and that it has adopted
administrative measures aimed at bringing Chilean judicial practices into line with international
standards. Based on the foregoing, the State requested that the reparations ultimately awarded be
established only in relation to the facts for which it has acknowledged responsibility and in
accordance with the standards of international human rights law. In its final arguments, the State
made a series of clarifications and modified its initial position (infra paras. 111 and 115).
21.
Without prejudice to its assessment on said acknowledgement, the Commission considered
that the dispute continues regarding the scope of the reparations requested and those proposed by
the State, particularly in relation to the component of restitution.
22.
For his part, the representative noted that, to date, the victims have not been able to
obtain reparation; thus, it is urgent that justice be done through a court ruling or through an
agreement that settles the matter. This is especially important, considering that these were the
first petitioners who paved the way for other victims who filed civil suits against the State, leading
to a substantive jurisprudential change, which means that today the State complies with its
obligation to compensate the victims of such crimes. He pointed out that, in spite of the above, the
State Defense Council, the body that represents the interests of the State in domestic proceedings,
continues to assert– in judicial proceedings for acts that constitute international crimes – the
exception of extinctive prescription of civil claims, thus ignoring what the State has expressed in
the CNVR, as well as to review the cases that the CNVR was unable to consider due to a lack of background information or that were not submitted
to it, recording 899 victims in its report. - National Commission on Political Imprisonment and Torture ("Valech" Commission or "Valech I
Commission"), created in 2003 by Supreme Decree 1.040, and with a mandate to determine the persons who suffered imprisonment and torture
for political reasons, through the acts of agents of the State or persons at its service, during the period between September 11, 1973, and March
10, 1990 (there is currently a bill that seeks to guarantee access to the information compiled by the “Valech I Commission” for the courts of
justice). – Advisory Commission on the Classification of Disappeared Detainees, Victims of Political Executions and Victims of
Political Imprisonment and Torture (known as the Valech II Commission), created by law in December of 2009, in order to receive new
testimonies and background information about cases of disappeared detainees, political executions, political imprisonment
or torture that had not been recognized by the previous commissions. In its final report of August 2011, the Commission
referred to 30 new cases of disappeared and executed detainees as well as 9,795 political prisoners and tortured persons
(Law No. 20,405 extended reparation benefits to the relatives of verified victims and Law Nº 20.874 determined the creation of a
Single Reparation Contribution for verified Valech detainees and their surviving spouses, which allows victims of political imprisonment and torture
to request payment of a single reparation contribution from the Social Security Institute).
In the area of justice it referred to: the Program Continuation Law 19.123 (Human Rights Program), created in June 1997 to provide legal and
social advice to the relatives of the victims recognized by the CNVR and the CNRR. Together with the creation of the Sub-Secretariat of Human
Rights (SDH), said Program (now called Human Rights Program Unit- UPDDHH) was transferred from the MINSP to the Ministry of Justice and
Human Rights (MINJUDH). – The Inter-institutional Roundtable Group to assist the Justice system in the search for victims of forced
disappearance operates since 2016. - The Interinstitutional Group of Patio 29 operates since October 2015. Human rights units or departments,
which form part of the Executive Branch, execute judicial investigation orders. In the last 28 years, the Judiciary has incorporated human rights
standards into its rulings on cases during the dictatorship. – Regarding international cooperation on judicial matters, the Republics of Chile and
Argentina, Brazil and Uruguay signed a Memorandum of Understanding in 2014 for the exchange of documentation and files related to serious
human rights violations that occurred during the military dictatorships in the region; in the context of the Meeting of High-Level Authorities on
Human Rights of MERCOSUR (RAADH), the MOU between MERCOSUR countries and associated countries was approved.
In terms of reparations, Chile has developed a policy of comprehensive reparations, through various forms of pecuniary and non-pecuniary
compensation: Law Nº19.123, and its amendment Law Nº19.980, which established benefits for the relatives of victims identified by the CNVR
and the CNRR, extended to cases identified by the Valech II Commission (reparation pension for relatives; reparation bonus for children of victims
over 25 years of age who had not been eligible for the pension benefit; 200 reparation awards for relatives not contemplated in the regulations,
for particular situations of those entitled to a pension but without beneficiaries, spouses, among other cases; educational and medical benefits;
exemption from compulsory military service for children of victims; and creation of PRAIS, under the Ministry of Health, for free health care for
victims and family members). Law No. 20,377 on the Declaration of Absence due to forced disappearance was enacted. Finally, through the
UPDDHH, psychosocial support is provided to the families of the victims.
In relation to symbolic reparations, it indicated that, until 2002, actions by the State had been isolated (construction of the Memorial to the
Disappeared and Executed Political Detainees at Santiago’s General Cemetery (1994), Monument to Salvador Allende (2000), the Villa Grimaldi
Peace Park (1997), Los Hornos de Lonquén National Historical Monument (1996), etc.). Then, accepting the claims of the next of kin and the
recommendations of the CNVR, the UPDDHH now allocates part of its budget for the construction of memorials, maintenance of historic memorial
sites and other forms of symbolic reparation. In addition, various measures have been adopted to promote the historical memory (from 2014,
the Interinstitutional Memory Group; in 2010, the Museum of Memory and Human Rights was inaugurated and in 2006, August 30 was instituted
as the National Day of the Disappeared Detainees).