turned over to military officers. While he was detained there, his home
was subjected to an illegal search by the Carabineros, looking for
evidence to incriminate him. On October 16, 1973, Mr. Hipólito Pedro
Cortés Álvarez was executed together with 14 other persons in the Arica
Military Regiment. According to the petition, this execution was carried
out at the orders of the so-called “Caravan of Death", the military leader
of which reported to the press that "in accordance with orders from the
wartime military tribunals the following persons were executed (…)
Hipólito Pedro Cortés Álvarez and 14 other persons". The petition also
claims that the body of Mr Cortés was unlawfully buried in a common
grave of the La Serena cemetery.
6.
According to the petitioner, these facts were recognized by the
Chilean State through the Official Report of the National Truth and
Reconciliation Commission (the "Rettig Commission"), which indicated
that the 15 executions had been carried out by official personnel acting
outside the law, and that the bodies had been secretly interred. The
petitioner adds that it was only in 1998, after the advent of the
democratic régime, that the bodies were exhumed from the common
grave, whereupon it was established that Mr. Cortés had been tortured
before he was killed.
7.
The petitioner maintains that these facts were investigated by
military tribunals, but that they reached no positive conclusion and the
case was closed definitively on the basis of the amnesty law. Beginning
in 1998, however, proceedings were brought against Augusto Pinochet
in the Court of Appeals of Santiago, and “the investigation into the socalled Caravana de la Muerte thereupon continued and a significant
number of military personnel were tried. That process is still underway.”
8.
In 1999, following acknowledgment by the Rettig Commission and
the discovery of the corpse, the widow and children of Mr. Cortés
submitted a claim for compensation before the Second Civil Court of La
Serena (the "Cortés con Fisco de Chile" case, #1122-99). On March 9,
2001 the Second Civil Court granted the claim and ordered the State of
Chile to pay the sum of 15 million pesos to each of the claimants. The
State Prosecutor appealed the ruling before the Court of Appeals of La
Serena, which in a judgment of April 9, 2002 revoked the first instance
decision and accepted the argument the limitations had tolled
(prescripción) presented by the State of Chile. The claimants then
brought writ of cassation against the decision before the Supreme Court,
which on March 25, 2003 dismissed the action, thereby confirming the
denial of compensation to the claimants. In the wake of this judgment,
the case was returned to the court of first instance, which confirmed its
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