obtained loans under the loan program to enable Chileans who returned to set up their own
businesses. 65
B.1.4) Human Rights program “No hay Mañana sin Ayer”
71.
Regarding reparations for victims of human rights violations during the military
regime, several laws were enacted under the human rights program entitled “No hay
Mañana sin Ayer” of the Government of President Ricardo Lagos, which was announced on
August 12, 2003: 66 (a) Law No. 19,980 (supra para. 68), and (b) Law No. 19,962, providing
for the elimination of criminal records “relating to sentences imposed by military courts” for
facts that occurred during the military dictatorship relating to crimes against “State
security,” “weapons control” and “terrorist conduct,” which were punished by laws enacted
at that time. 67
B.1.5) National Commission on Political Imprisonment and Torture (Valech
Commission)
72.
The Valech Commission was created by Supreme Decree No. 1,040, published in the
Official Gazette on November 11, 2003, in order to identify those who had suffered
deprivation of liberty and torture for political reasons. 68 Its report was delivered to the
President of the Republic on November 10, 2004, and was made public on November 28
that year. 69 An annex to the report entitled “List of political prisoners and persons tortured”
contained the names of 27,153 people. “García Lucero, Leopoldo Guillermo,” is among those
named as victims of “political imprisonment” and torture. 70
73.
Law No. 19,992, promulgated on December 17, 2004, and published on December
24 that year, 71 established a reparation pension and granted other benefits in the area of
education, health and housing. In particular, article 10 of this law, which refers back to its
article 1, stipulates that the victims directly affected by human rights violations who were
individualized in the annex “List of political prisoners and persons tortured,” of the List of
Persons recognized as Victims that forms part of the Valech Commission’s report:
Shall be entitled to receive from the State the technical support and physical rehabilitation
measures required to overcome the physical injuries resulting from their political imprisonment or
torture, when the said injuries are of a permanent nature and are an obstacle to the beneficiary’s
educational, employment or social integration capabilities.
65
Cf. Communication of the State received by the Commission on April 28, 2009, supra. See also “Tabla
leyes and medidas de reparación en Chile 1991–2011,” supra. Neither the parties nor the Commission provided
information on the date of publication of Laws Nos. 18,994, 19,128 and 19,740.
66
Cf. Communication of the State received by the Commission on April 28, 2009, supra.
67
Cf. Communication of the State received by the Commission on April 28, 2009, supra.
68
Cf. Communication of the State received by the Commission on April 28, 2009, supra.
69
“Tabla leyes and medidas de reparación en Chile 1991–2011,” supra. It should be noted that the State
mentioned November 10 as the date on which the report was handed over. For its part, the Commission indicated
that the report was made public on November 28.
70
Cf. Report of the Valech Commission (file of annexes to the pleadings and motions brief, tome I, annex 1,
fs. 1568 to 2222).
71
Cf. Law No. 19,992, supra. See also the Regulations for the award and payment of pensions and extra
payments established in Law No 19,992, published in the Official Gazette on March 14, 2005 (file of annexes to the
Merits Report, tome I, annex 16. The Commission did not attach a copy of the document, but indicated a website
where it could be found: http://www.archivochile.com/Poder_Dominante/pod_publi_parl/PDparlamento0012.pdf).
24