12
ONR) -which ceased operations in 1994- to facilitate the return of Chileans living in exile following
the military regime; these measures included those adopted to assist them to rejoin the workforce,
as well as assistance in the economic, health care and mental health, education, housing, and legal
areas, and measures of international cooperation with a number of countries to ensure that they
continued to receive their retirement benefits; (ii) Law 19,128 which established certain tax
benefits, and (iii) Law 19,749, which also granted certain economic benefits. 19
45.
On the matter of reparations for victims of human rights violations during the military
regime, a number of laws were adopted as part of the human rights plan entitled “No Tomorrow
Without Yesterday“, an initiative of President Lagos, 20 namely (i) Law 19,980, which amended the
Law on Reparation and Reconciliation (Law 19.123, mentioned earlier) in order to expand and add
new monetary reparations and health benefits for relatives of disappeared and executed detainees; 21
and (ii) Law 19,962 which eliminates certain criminal records that appear in the General Record of
Military and Regular Court Convictions for events that occurred during the military dictatorship in
connection with crimes against the security of the State, arms control and terrorism, which were
punished under laws adopted at that time. 22
46.
The “National Commission on Political Imprisonment and Torture to Clarify the Truth
about Human Rights Violations in Chile,” also known as the Valech Commission, was created by
Supreme Decree No. 1040 of November 11, 2003, to determine which persons endured
imprisonment and torture for political reasons. According to the report the Commission adopted, at
least 33,221 detentions were confirmed and 27,255 persons were victims of political imprisonment,
the vast majority of whom were tortured. 23
47.
For its part, Law 19,992 –enacted on December 17, 2004 and published on
December 24- provides for a reparations pension and grants other benefits to the victims directly
affected by human rights violations whose names appear in the “List of political prisoners and
victims of torture” included in the Valech Commission’s Report. However, under Law 19,992 and
its Regulations, if a person has been granted a pension under Law 19,234 (“Program on Recognition
of Persons Fired due to their Political Ideology - “Programa de Reconocimiento al Exonerado
Político”) he or she had to choose between these two pensions. If the interested party chose the
latter, he/she shall be entitled to a bonus of three million pesos. Verbatim, the pertinent clauses of
Law 19,992 read as follows:
ARTICLE 2 – The annual pension (…) shall be $1,353,798 pesos for those beneficiaries under
70 years of age, $1,480,284 for those beneficiaries age 70 to 75, and $1,549,422 for those
beneficiaries who are 75 or older. This pension will be paid in 12 monthly installments of
equal amounts, and will be adjusted in accordance with Article 14 of Decree 2,448 of 1979,
or the legal provisions that replace that law.
The pension established in the above paragraph shall be incompatible with those granted
under laws numbers 19,234, 19,582 and 19,881; anyone in that situation may opt for one of
these benefits in the manner established in the Regulations.
19
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.
20
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.
21
Annex 8. Webpage of the Government of Chile; Ministry of the Interior and Public Security, Human Rights
Program, available online at: http://www.ddhh.gov.cl/historia_programa.html.
22
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.
23
Annex 2. National Commission on Political Imprisonment and Torture (“Valech Commission”) Report, 2004,
Chapter IV, section: List of Persons Recognized as Victims, p. 8.