original judgment with an order of ("Let it be done") in June 2003 and
directed that the file be closed, terminating proceedings in the case.
9.
Mrs. Barraza received a survivor's (widow’s) pension and
education and health benefits for specified beneficiaries (her children) to
a specified age limit under Law 19.123. The constitutional governments
granted these benefits to the relatives of victims, claim the petitioners,
but such pensions and subsistence allowances must not be confused
with real measures of reparation.
10. The petitioner complains that the rulings on both the appeal and
the writ of cassation based rejection of the claims on the rules of civil
law, which are intended to govern relationships between private
individuals, applying them to a dispute under public law regulated by the
Constitution and by international human rights treaties, and that such
reasoning is "extraordinarily erroneous, prejudicial to the interest of the
victims, their relatives, and a violation of the international law of human
rights". By applying these provisions that deny the right to reparations,
the courts are thereby placing the State of Chile in a flagrant violation of
the American Convention, Article 2 of which requires States to adapt
their internal legislation to the provisions of the Convention, something
that has not occurred in this case. The petitioner consequently
requested the Commission to accept the complaint and to declare that
the judgments of the Chilean courts, in applying the civil law statutes of
limitations to an issue involving violations of human rights and thereby
preventing just reparations for the relatives of the victims, violated the
commitments assumed by the Chilean State when it ratified the
American Convention, in particular the rights enshrined in Articles 1(1),
2, 8 and 25 of that treaty.
B.
Position of the State
11. In its response, the State noted that it was providing information on
a complaint relating to events that occurred during the military régime
that held power in Chile between September 1973 and March 1990.
12. The State observed that the reestablishment of democratic
government marked the beginning of a lengthy and arduous process of
updating and adapting its conduct and its internal rules to bring them
into accord with international human rights treaties. The most important
fact in this connection was approval of the reform to Article 5 of the
Constitution, which provided for general recognition of international
treaties approved in this area. There was unanimous political agreement
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