11
C.
Facts related to the reparations system in Chile
1.
Reparations System adopted by the State in connection with the events that
occurred during the military regime, as they pertain to the instant case
40.
For a number of years, the Chilean State has been adopting a series of initiatives as
part of its program to make reparations for the crimes committed and the events that occurred
under the military dictatorship between 1973 and 1990.
41.
By Supreme Decree No. 355 of April 25, 1990, the State created the National Truth
and Reconciliation Commission, commonly known as the “Rettig Commission.” Its main purpose
was to help uncover the truth behind the most serious human rights violations committed in the
1973-1990 period. 14 In its final report, this Commission certified that it had received 3,550
complaints. Of these, 2,296 were deemed to qualify as human rights abuses. 15 To follow through
with that Commission’s work, Law No. 19,123 created the National Corporation for Reparation and
Reconciliation (known as the Reparation and Reconciliation Act), which included programs to
uncover other cases of victims and to provide social and legal assistance to relatives of victims. 16
Under this law, victims of human rights violations were granted economic benefits, which included
pensions, educational benefits, and welfare and health care benefits17 .
42.
In the case of persons whose employment situation was affected for political
reasons during the military dictatorship (”exonerados politicos”), the State adopted, inter alia, laws
19,234 and 20,134. Law 19,234, adopted in 1993 and its amendments -Law No. 19,582 (adopted
to correct certain problems with Law 19,234) and Law 19,881 (adopted to extend the deadline for
claiming the status of ”exonerado politico”)-, allowed the creation of the Program on Recognition of
Persons Fired due to their Political Ideology, which provided pensions and other benefits to
exonerados politicos. As will be shown, since 2000 Mr. García Lucero has received, under Law
19,234, a monthly pension as an “exonerado politico”; a pension which was made retroactive to
1998.
43.
Law 20,134 –enacted on November 8, 2006 and published the following November
22- established a special bonus of approximately US$ 3,009.90 for exonerados politicos. 18 As will
be shown, Mr. García Lucero received this bonus, minus –it is alleged- a percentage withheld for
taxes.
44.
The State also adopted a number of laws to benefit those who endured exile,
namely (i) Law 18,994, which created the National Office for Return (Oficina Nacional de Retorno 14
Annex 5. Webage of the Ministry of the Interior
http://www.ddhh.gov.cl/ddhh_rettig.html.
and Public
Security, Human Rights
Program,
15
Annex 5. Webage of the Ministry of the Interior
http://www.ddhh.gov.cl/ddhh_rettig.html.
and Public
Security, Human Rights
Program,
16
Annex 6. Communication from the State received April 28, 2009. Allegation by the State not contested by the
petitioners; nothing in the case file suggests otherwise.
17
Annex 6. Communication from the State received April 28, 2009. Allegation by the State not contested by the
petitioners; nothing in the case file suggests otherwise.
18
Annex 7. Law 20,134, which gives a one-time special compensatory bonus to “exonerados politicos” for the
reasons highlighted. Date of coming into force: November 8, 2006. Article 1 of this law reads as follows: “A special one-time
bonus, payable according to Article 3 of this law, is hereby granted to former workers in the private sector and employees of
the State’s autonomous businesses, exonerated for political reasons between September 1973 and September 1975, who
were granted a non-contributory pension under paragraph three of Article 12 of Law No. 19,234, and to the beneficiaries of
the survivor’s pensions paid out of those non-contributory pensions. All persons are to have received that pension as of
February 28, 2005 and the date of publication of this law.”