38
d) Reparation measures adopted in view of the gross human right violations
committed during the de facto Government
82(26) On April 25, 1990, immediately after the end of the de facto Military
Government, President Patricio Aylwin-Azocar, considering, among other things,
“[t]hat the moral conscience of the Nation demands that the truth for the grave
violations of human rights committed in our country between September 11, 1973
and March 11, 1990 be brought to light,”95 passed Supreme Decree No. 355,
whereby the Comisión Nacional de Verdad y Reconciliación (National Truth and
Reconciliation Commission) was established (hereinafter “the Truth Commission”).
The duties of this Commission involved:
a)
b)
c)
d)
Setting a complete description of the gross events referred to herein, their
background and circumstances;
Gathering background information to identify the victims and establish their current
location;
Recommending the reparation and restoration measures deemed legally
appropriate; and
Recommending such legal and administrative measures as, at the discretion of the
Commission, should be adopted to prevent or hinder the commission of the acts
referred to herein.
Supreme Decree No. 355 considered the following to be gross violations:
disappearance after arrest, execution and torture leading to death committed by
government agents or people in their service, as well as kidnappings and attempts on
96
the life of persons carried out by private citizens for political reasons.
Hearing, folios 317 to 324); Supreme Court, Motion for Review No. 11821-2003 of January 05, 2004
(record of documents submitted at the Public Hearing, folios 443 to 475); Supreme Court, Motion for
Review No. 457-2005 of February 09, 2005 (record of documents submitted at the Public Hearing, folios
424 to 437); Supreme Court, Motion for Review No. 4622-2002 of March 29, 2005 (record of documents
submitted at the Public Hearing, folios 325 to 339); Supreme Court, Motion for Review No. 15765-2004 of
July 06, 2005 (record of documents submitted at the Public Hearing, folios 438 to 442); Supreme Court,
Motion for Review No. 3925-2005 of September 05, 2005 (record of documents submitted at the Public
Hearing, folios 390 to 423); Appeals Court of Santiago, Motion for Review No. 37483–2004, resolution
8472, issued by the Criminal Secretariat, of January 18, 2006 (record of appendixes to the State’s final
written arguments, Appendix 4, Volume II, folios 4170 to 4179); Appeals Court of Santiago, Motion for
Appeal No. 24471-2005, Resolution 43710, issued by the Criminal Secretariat, of April 20, 2006 (record
on the merits, Volume IV, folios 1089 to 1093). 396-2006, Resolution 9334, issued by the Secretaría
Única (Single Secretariat), of May 8, 2006 (record on the merits, Volume IV, folios 1094 and 1095);
Supreme Court, Motion for Review No. 3215-2005, Resolution 11745, issued by the Single Secretariat, of
May 30, 2006 (record on the merits, Volume IV, folios 1157 to 1059); Appeals Court of Santiago, No.
14567-2004, Resolution 64656, issued by the Criminal Secretariat, of June 02, 2006 (record on the
merits, Volume IV, folios 1160 and 1061); Appeals Court of Santiago, No. 14058-2004, Resolution 74986,
issued by the Criminal Secretariat, of June 27, 2006 (record on the merits, Volume IV, folios 1263 to
1270); Appeals Court of Santiago, No. 32365-2005, Resolution 76786, issued by the Criminal Secretariat,
of June 29, 2006, (record on the merits, Volume IV, folios 1260 to 1262).
95
Cf. Whereas clause one of Supreme Decree No. 355 of April 25, 1990, Report of the Comisión
Nacional de Verdad y Reconciliación (National Truth and Reconciliation Commission), Volume I, pages XI
to XIV (record of appendixes to the State’s final written arguments, Appendix 2, folios 2077 to 2079).
96
Cf. Article one of Supreme Decree No. 355 of April 25, 1990, Report of the Comisión Nacional de
Verdad y Reconciliación (National Truth and Reconciliation Commission), Volume I, pages XI to XIV
(record of appendixes to the State’s final written arguments, Appendix 2, folios 2077 to 2079).
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