-12service, as well as kidnappings and attempts on the life of persons committed by private citizens
for political purposes.”
34.
After completing its work, the Rettig Commission issued a report that was approved
unanimously and was delivered to President Aylwin on February 8, 1991. He, in turn, released the
report on March 4, 1991, and offered an apology to the victims of those violations. On that occasion,
the President stated:
As President of Republic, I dare to take it upon myself to represent the entire nation in order, on its
behalf, to ask forgiveness from the family members of the victims [...] publicly and solemnly [to
restore] the good name of the victims who were accused of crimes which were never proven and who
were never given the opportunity or adequate means to defend themselves.30
35.
The Rettig Commission made recommendations of restitution and symbolic reparations of a
legal and administrative nature as well as recommendations in the area of social welfare.31 On
February 8, 1992, Law No. 19.123 established the National Reparation and Reconciliation Board
(CNRR), the purpose of which was to “coordinate, execute, and promote the actions necessary to
comply with the recommendations contained in the Report of the National Truth and Reconciliation
Commission.” This Law also stipulated that the CNRR was responsible for promoting reparation for
the moral harm caused to the victims and granting the necessary social and legal assistance to
their families to help them access the benefits contemplated in the law.32
36.
To that end, a monthly pension was established for the family members of victims of human
rights violations and of political violence, who were also granted the right to receive certain medical
and educational benefits free of charge, and the children of the victims were exempted from
compulsory military service, if they so requested.33 Moreover, Article 24 of the aforementioned law
established that the reparation pension would be compatible with any other type of reparation that
the respective beneficiary “already enjoys or may be entitled to.”
37.
On November 11, 2003, the government established the Valech Commission, through
Supreme Decree No. 1.040. Its task was to identify the persons imprisoned and tortured for political
reasons during the military dictatorship and to propose austere and symbolic reparation measures
for the victims.34 The Valech Commission’s final report was published on November 29, 2004.
38.
On October 29, 2004, Law No. 19.980 was enacted, amending Law No.19.123, which
expanded existing benefits and established new ones for the family members of victims, including:
a 50 percent increase in the amount of the monthly reparation pension; the granting of a reparation
allowance;35 the empowerment of the President of the Republic to grant up to 200 government aid
pensions (pensiones de gracia); and the expansion of health care benefits.36
Message to the Nation of President Patricio Aylwin when announcing the Report of the Rettig Commission, on March 4, 1991, Volume
II, pages 887 to 894.
30
31
Report of the Rettig Commission, Volume II, pages 1254 to 1266.
32
Arts. 1 and 2(1) of Law No. 19.123, published in the Official Gazette on February 8, 1993.
33
Arts. 17 to 27, 28, 29 to 31 and 32 of Law No. 19.123.
34
Arts. 1 and 2 of Supreme Decree No. 1.040 of September 26, 2003.
Article 5: “This right is conferred on children alive on the date of publication of this law who are not benefiting from
the reparation pension referred to in Article 17 of Law No. 19.123, provided that they apply for it within one year from the
date this Law is published. Children in receipt of a lifelong reparation pension as persons with disabilities shall not be entitled
to this benefit. ” (Law No. 19.980 of 2004).
35
Cf. Case of Almonacid Arellano et al. v. Chile. Preliminary objections, merits, reparations and costs. Judgment of September 26, 2006.
Series C No. 154, para. 82.31.
36