69.
With regard to those whose employment situation was adversely affected for political
reasons during the military dictatorship (“exonerados políticos” 60), the State adopted several
laws: Law No. 19,234 promulgated on August 5, and published on August 12, 1993, and the
laws amending it: Law No. 19,582, and Law No. 19,881 promulgated on June 11, 2003, and
published on June 27 that year, which was adopted in order to extend the time frame for
registering “the politically exonerated.” 61 These laws resulted in the creation of the Program
to Recognize those who were Dismissed from their Employment for Political Reasons, under
which these individuals were granted pensions and other benefits. 62 Law No. 20,134
promulgated on November 8, 2006, and published on November 22 that year, established a
bonus payment of approximately US$3,009.90 (three thousand and nine United States
dollars and ninety cents) or more 63 for those “dismissed for political reasons.” 64
B.1.3) Laws relating to Chileans who were exiled
70.
After August 21, 1990, the State also adopted or kept in force a series of laws that
benefited those who had been exiled during the military regime: (a) Law No. 18,994,
creating the National Office for Returnees (ONR) – which concluded its functions in 1994 – in
order to facilitate the return of those in exile by adopting different measures related to
reintegration into the job market and the economy, health care, education, housing, legal
assistance, as well as international cooperation with several countries to ensure the
continuity of social security or to facilitate the transfer of funds; (b) Law No. 19,128
establishing certain duty-free and customs tariffs arrangements, and (c) Law No. 19,740,
which also granted certain financial benefits to those in debt to the Banco del Estado who
60
Regarding the concept of “los exonerados politicos,” the respective laws do not contain a specific or
explicit definition of the term. However, their contents reveal that when they refer to “los exonerados políticos”
they are referring to individuals who “were dismissed from their employment” for political reasons. Thus, article 1
of Law No. 20,134 that “[g]rants a special payment (bono) to those dismissed from their employment for the
political reasons indicated,” alludes to “employees from the private sector and from the State’s autonomous
enterprises, who were dismissed for political reasons between September 11, 1973, and September 29, 1975” (file
of annexes to the Merits Report, tome I, annex 7, fs. 142 to 144). In addition, article 7 of Law No. 19,234, which
“[e]stablishes free welfare benefits for those dismissed for political reasons,” establishes that “[i]n order to prove
the condition of person dismissed for political reasons, […] the interested person must submit a request addressed
to the President of the Republic, through the Ministry of the Interior, within one year of the date of publication of
the law. In this request, they must indicated the circumstances of the dismissal, especially those relating to the
political reasons, to be authenticated as indicated in the following articles; as well as the individual’s social welfare
situation at the time of the termination of their functions, all of this as indicated in the regulations that are issued
by the President of the Republic, in exercise of his authority” (file of annexes to the Merits Report, tome I, annex
12, fs. 176 to 190).
61
Cf. “Leyes que regulan la pensión and bono extraordinario como exonerado político” [Laws regulating the
pension and special bonus for those dismissed for political reasons] (file of annexes to the pleadings and motions
brief, tome I, annex 2, fs. 2223 to 2240). Neither the parties nor the Commission provided evidence on the date of
publication of Law No. 19,582.
62
Communication of the State received by the Commission on April 28, 2009, supra.
63
The sum of US$3,009.90 (three thousand and nine United States dollars and ninety cents) was mentioned
by the Commission in the Merits Report. The representatives, for their part, stated in their pleadings and motions
brief that the “original amount” of this payment was $1,900,000 (one million nine hundred thousand Chilean
pesos), and indicated that this amount, less deductions, was received by Mr. García Lucero (infra para. 78 and
footnote 79). Then, in their brief with final arguments, they indicated that this sum was equivalent to
“US$4,025.40” (four thousand and twenty-five United States dollars and forty cents).
64
Law No. 20,134 which “[g]rants a special payment to those dismissed for the political reasons indicated,”
supra. Article 1 of this law establishes: “A special payment shall be granted, once, as indicated in article 3 of this
law, to those […] dismissed for political reasons [alluded to in footnote 60 supra], who were awarded a noncontributive pension pursuant to the provisions of the third subparagraph of article 12 of Law No. 19,234, and also
to the beneficiaries of subsistence pensions derived from the said non-contributive pensions. All those indicated
above must have received the said pension at February 28, 2005, and at the date of publication of this law.”
23