57. According to the Report of the Rettig Commission, on September 17, 1973, Augusto Alcayaga, an active member of the Partido Radical and President of the Empresa Elecmetal trade union was arrested inside the company by a mixed contingent of police (carabineros) and military personnel and executed by State agents on September 18. His corpse with bullet wounds was found on a street.41 In February 1991, the Rettig Commission deemed that those facts constituted a violation of fundamental rights without any due process of law or any justification.42 58. Under Law 19.123 of 1992, María Órdenes has been receiving a monthly pension of 360, 674 Chilean pesos since July 1, 1991 (hereinafter, amounts in Chilean pesos are at the rate of US$1=550 Chilean pesos).43 Each of her five children was entitled to 15% of the total amount of the pension until they turned 25.44 59. In 1997 María Órdenes filed a claim for damages (demanda de indemnización) with the Eighth Civil Court on account of moral prejudice brought about by the State agents who kidnapped and murdered her husband Augusto Alcayaga and by denial of justice and the lack of information regarding those facts; thereby initiating the “Órdenes María with Chilean Treasury" proceedings. 45 60. On January 28, 1999 declared that it had been proved that the extrajudicial execution of Augusto Alcayaga had been committed by State agents, but declared that the action had prescribed because it had been brought after the five years allowed for under Article 2.515 of the Civil Code, 46counted from the date of the victim's death in 197347 and due to incompatibility with Law 19.123. 48 The Court considered that "the deed on which the claim for damages was based occurred on a given date in 1973, and between then and the date of notification of the claim in the instant case, far more time had elapsed than the five years for prescription of the case that the Court deems applicable in the case at hand." 49 The plaintiff filed an appeal against that judgment, which was dismissed on October 24, 2002, by the Fourth Division of the CAS, which upheld the lower court's decision.50 The plaintiff then filed an appeal for annulment of that decision on the merits, which was declared "lapsed" by the CSJ on January 7, 2003, 51 so that the file was returned to the original court, which issued a "Let it be Executed" resolution on March 17, 2003. 52 41 Report of the Rettig Commission, Volume I, pp. 144. (English text. p. 220) At: http://www.ddhh.gov.cl/ddhh_rettig.html.English taken from: http://www.usip.org/sites/default/files/resources/collections/truth_commissions/Chile90-Report/Chile90-Report.pdf. Likewise, the judgment of the 8th Civil Court in Ordenes María against the Chilean Treasury, on January 28, 1999, Case Record No. 4954-97. Sixth Whereas Clause, p. 111. 42 Report of the Rettig Commission, Volume I, pp. 144 (English 220). At: http://www.ddhh.gov.cl/ddhh_rettig.html.English taken from: http://www.usip.org/sites/default/files/resources/collections/truth_commissions/Chile90-Report/Chile90-Report.pdf. 43 The State's brief of November 21, 2008, which was not contested by the petitioner. 44 That amount was 504,943 Chilean pesos at November 21, 2008. The State's brief of November 21, 2008, which was not contested by the petitioner. 45 Cf. 8th Civil Court. Judgment of January 28, 1999. 46 8th Civil Court, Ordenes María against the Chilean Treasury, Judgment of January 28, 1999. Case Record No. C-4954-1997. Eleventh Whereas Clause. 47 8th Civil Court, Ordenes María against the Chilean Treasury, Judgment of January 28, 1999. Case Record No. C-4954-1997. Twelfth Whereas Clause. Enclosed with the petition presented on July 14, 2003. 48 8th Civil Court, Ordenes María against the Chilean Treasury, Judgment of January 28, 1999. Case Record No. C-4954-1997. Fifteenth Whereas Clause. 49 Cf. 8th Civil Court. Judgment of January 28, 1999. Fifteenth Whereas Clause. 50 CAS, Judgment of October 24, 2002. Attached to the petition of July 14, 2003. 51 CSJ, Resolution of January 7, 2003, Attached to the petition of July 14, 2003. 52 8th Civil Court, "Let it be Executed" resolution. May 17, 2003. 11