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.”

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