Law No. 19,234 allows him to transmit his pension to his heirs. Thus, he did not choose the
pension established in Law No. 19,992, which does not allow this possibility.
B.2.2) Special compensatory bonus payment under Law No. 20,134
78.
In addition, Mr. García Lucero received a special compensatory bonus payment under
Law No. 20,134 (supra para. 69). This payment was deposited in his savings account in the
Banco del Estado on January 29, 2008. 79
B.3.3) One-time bonus payment under Law No. 19,992
79.
On June 14, 2006, Mr. García Lucero received a one-time bonus payment of
$3,000,000 (three million Chilean pesos) 80 pursuant to article 2 of Law No. 19,992 and
articles 5 and 6 of its Regulation, because he had opted to receive the pension for a “person
dismissed for political reasons” (supra paras. 73 and 77).
B.3 Current situation of Mr. García Lucero
80.
According to his medical records, Mr. García Lucero has various physical and mental
ailments, 81 and has been receiving treatment for several years. 82 In addition, he requires
diverse medical and therapeutic treatments. 83 Mr. García Lucero suffers from a “mental and
physical” disability. He has “a heart condition and mobility difficulties,” “[d]isorders resulting
from severe and complex post-traumatic stress” and “symptoms of depression” to a “severe
degree.” 84
C. Facts relating to the investigation opened on October 7, 2011
79
Cf. Communication of the petitioners dated December 19, 2008, received by the Commission on December
22 that year, supra, and Communication of the petitioners dated December 10, 2009 (sic), received by the
Commission on December 9 that year (file of annexes to the Merits Report, tome I, annex 13, fs. 192 to 194). The
petitioners indicated that “the amount of the special bonus payment was […] 1,900,000” (one million nine hundred
thousand Chilean pesos), but “the real amount deposited” was $1,759,057.00 (one million seven hundred and fiftynine thousand and fifty-seven Chilean pesos), because $140,943.00 (one hundred and forty thousand nine hundred
and forty-three Chilean pesos) were deducted for tax. The parties disagree as to whether or not the amount
deducted for tax was reinstated. The State and the petitioners affirmed contrary opinions before the Inter-American
Commission (Cf. Communication of the State of October 1, 2009, received by the Commission on October 5 that
year, supra, and Communication of the petitioners dated December 10, 2009 (sic), received by the Commission on
December 9 that year, supra).
80
In its answering brief, the State indicated that, “according to […] information provided by the Social
Welfare Institute, in June 2006 the sum of [$3,000,000.00] three million [Chilean] pesos was deposited in the
saving account of [Mr. García Lucero] in the Banco del Estado. This was equivalent to approximately […] US$5,535”
(five thousand five hundred and thirty-five United States dollars) “at that time, corresponding to the payment
established in Law No. 19,992.” During the proceedings before the Commission, the representatives stated that the
payment was equivalent to US$5,847.93 (five thousand eight hundred and forty-seven United States dollars and
ninety-three cents) (Cf. Communication of the petitioners dated December 19, 2008, received by the Commission
on December 22 that year, supra).
81
Cf. Psychiatric reports on Leopoldo García Lucero and Elena García, prepared by Dr. Nuria Gené-Cos,
Psychiatric Consultant, supra.
82
Cf. Communication of Guy’s and St. Thomas’ NHS, NHS Foundation Trust of December 11, 2007,
addressed to the representatives (file of annexes to the Merits Report, tome I, annex 19, fs. 263 and 264).
83
Cf. Psychiatric reports on Leopoldo García Lucero and Elena García, prepared by Dr. Nuria Gené-Cos,
Psychiatric Consultant, supra; statement of Leopoldo García Lucero, presented by the petitioners during the public
hearing before the Commission, supra, and communication of Guy’s and St. Thomas’ NHS, supra.
84
Cf. Psychiatric reports on Leopoldo García Lucero and Elena García, prepared by Dr. Nuria Gené-Cos,
Psychiatric Consultant, supra.
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