year statute of limitations period, provided for in Article 2.332 72 of the Civil Code,73 had elapsed. Faced with the request for annulment, the CSJ considered that the contested judgment had not committed any mistakes, since, as had already been pointed out, Articles 130 and 131 of the Geneva Convention regarding the treatment of prisoners of war, adduced by the family members of the victims as the legal basis for the contention that actions against war crimes are not subject to any statute of limitations, are not provisions that state that actions of a financial or proprietary nature do not prescribe. Therefore the CSJ considered that, in Chile's legal system there was no impediment to prescription of actions that would have meant that the Treasury was effectively liable to make reparation for other than criminal damages. 74 72. The CSJ considered that the idea of applying the statute of limitations terminating an action for compensation contained in the Civil Code to actions addressing the non-contractual liability of the State "does not contradict its special nature, if one considers that they (such actions) affect the financial implications (ámbito patrimonial) of that responsibility"75 and that, for lack of positive provisions rendering them non-prescriptible, it was appropriate to go by Ordinary Law rules that refer specifically to the subject, including Article 2332 of the Civil Code, which refers directly to the matter.76 73. Under Law 19.980 of 2004, the victim's four children received reparation awards: Carolina Andrea Osorio Morales (7,700,317 Chilean pesos), Jorge Osorio Morales (6,163,383 Chilean pesos), Lucía Osorio Morales (10,000,000 Chilean pesos) and María Teresa Osorio Morales (10,000,000 Chilean pesos) 77. 74. The seven children of Hipólito Cortés also received reparation awards: Marcia Alejandra Cortés Barraza (10,000,000 Chilean pesos) Nora Isabel Cortés Barraza (8,230,371 Chilean pesos), Hernán Alejandro Cortés Barraza (9,207,049 Chilean pesos), Eduardo Patricio Cortés Barraza (10,000,000 Chilean pesos), Miriam del Rosario Cortés Barraza (10,000,000Chilean pesos), Patricio Cortés Barraza (10,000,000 Chilean pesos), and Jorge Cortés Barraza (10,000,000 Chilean pesos) 78. E. Situation of Pamela Vivanco and her case against the Chilean Treasury 75. According to the Rettig Commission report, on September 28, 1973, Ramón Vivanco, an active member of the Communist party and worker at the San Bernardo de Ferrocarriles machine shop was arrested along with 10 other people in a military operation carried out in that workplace.79 The detainees were executed by soldiers on October 6, 1973 at the Cerro Chena detention center and their corpses were sent to the Institute for Forensic Medicine.80 The Rettig Commission concluded that the death of the victims constituted a human rights violation, brought about without due process of law by State agents.81 72 Article 2332: "The actions allowed in this Title on account of damages or fraud shall prescribe in four years from the date on which the deed was perpetrated." 73 CSJ. Judgment of May 7, 2003. Fourth Whereas Clause. Attached to the petition of September 3, 2003. 74 Cf. CSJ. Judgment of May 7, 2003. Fourth Whereas Clause. 75 Cf. CSJ. Judgment of May 7, 2003. Eighth Whereas Clause. 76 CSJ. Judgment of May 7, 2003. Eighth Whereas Clause. 77 State’s brief of Friday, November 21, 2008. 78 The State's brief of November 21, 2008, which was not contested by the petitioner. Report of the Rettig Commission, Volume I, pp. 225 and 226. 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. 79 80 Report of the Rettig Commission, Volume I, pp. 226. 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. 81 Report of the Rettig Commission, Volume I, pp. 226. 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. 14