Vivanco Diaz, a militant Communist, who was arrested by soldiers of the
San Bernardo Infantry School and was subsequently executed on
October 6, 1973, together with ten other workers. On October for 2002
the court of first instance denied reparations, and that judgment was
appealed and the appeal dismissed. Finally, the case was returned to
the lower court, which confirmed its judgment on June 3, 2003.
9.
The third case refers to the ruling of the 17th Civil Court of
Santiago in the case of “Espejo Gómez con Fisco de Chile” (Case 29182000). In those proceedings, the court of first instance, in a ruling of
June 19, 2002, denied the application for reparation brought by the
sister, Katia Espejo Gomez, and the mother, Elena Alejandrina Vargas,
for mental suffering following the arrest and subsequent forced
disappearance of Rodolfo Alejandro Espejo Gomez, events which began
on August 15, 1974. That ruling was appealed, the appeal was
dismissed, and the case returned to the lower court, which confirmed
the judgment on July 9, 2003.
10.
Lastly, the petition refers to the case of “Melo Acuña con
Fisco de Chile” (Case 3830-2001) which was heard by the Eighth Civil
Court of Santiago. The case began with an application by the brother,
Carlos Gustavo Melo Pradenas, and the parents, Mario Melo Acuña and
Ilia Maria Pradenas Perez, of Mario Melo Preadenas, who requested
compensation for the suffering occasioned by his arrest and subsequent
forced disappearance at the hands of military agents, which events
began on September 29, 1973. On September 27, 2002 the court issued
a ruling denying the plaintiffs’ demands. That decision was appealed and
the appeal was dismissed. The case was returned to the lower court,
which confirmed its judgment on January 23, 2003.
11.
The petitioners maintain that during the period 2002-2003
the Civil Chamber of the Supreme Court of Justice has systematically
rejected appeals for cassation, denying reparations in the following
cases:
1.
Appeal for cassation Case 4753-2001, “DOMIC CON
FISCO DE CHILE” case, ruling of 15 May 2002. Victim: Jorge
Jordán Domic, executed on 16 October 1973, in the city of La
Serena, by La Caravana de la Muerte.
2.
Appeal for cassation Case 1122-1999, “CORTES BARRAZA
CON FISCO DE CHILE” case, ruling of 7 May 2003. Victim:
Hipólito Pedro Cortes Álvarez, executed on 16 October 1973 in La
Serena, by La Caravana de la Muerte.
4
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