14 50. Another monetary benefit consisted in a special compensatory bonus, paid to him pursuant to Law 20,134 of 2006 34 by virtue of his status as an “exonerado politico”. Under this law he was entitled to the sum of 1,900,000 Chilean pesos. This bonus was deposited into Mr. Garcia Lucero’s account on January 29, 2008; 35 however, a total of 140,943 pesos was discounted for taxes, so that the sum actually paid at that time was 1,759,057 Chilean pesos. 36 The parties differ as to whether the amount discounted for taxes was returned to Mr. García Lucero: the State claims that in December 2008, it paid Mr. García Lucero the sum of 140,943 pesos to reimburse the sum deducted for taxes, since initially it had been determined that the bonus was going to be subject to taxation; 37 for their part, the petitioners allege that the sum in question was never returned. 38 51. On June 14, 2006, Mr. García Lucero received a one-time bonus of three million pesos 39 under the 1994 Law 19,992 40 and its 2005 Rules of Procedure, 41 as he had opted to receive the pension for ”exonerados politicos”. Mr. García Lucero decided to continue his status as ”exonerado politico” –rather than the victim-of-torture status- because that way his wife would be able to inherit his pension when he died. 42 D. Current situation of Mr. García Lucero and his wife, Mrs. Elena García. Effects of torture and exile 52. Mr. García Lucero was born on September 15, 1933; so as of March 2011, he is 77 years old. 43 His wife, Mrs. Elena García, was born on November 1, 1930, which means that as of March 2011 she is 80 years old. 44 Annex 7. Law 20,134, which gives a one-time special compensatory bonus to “exonerados politicos” for the reasons highlighted. Date of coming into force: November 8, 2006. 34 35 Annex 13. Communication from the petitioners received December 9, 2009, para. 7. Annex 10. Communication from the State received on October 5, 2009. 36 Annex 13. Communication from the petitioners received December 9, 2009, para. 7. 37 Annex 10. Communication from the State received on October 5, 2009. 38 Annex 13. Communication from the petitioners received December 9, 2009. 39 Annex 14. Communication from the State received December 10, 2008. See also Annex 11. Communication from the petitioners dated December 19 and received on December 22, 2008, para. 47. 40 Annex 15. Law 19,992 establishing a reparations pension and granting other benefits to the persons indicated. Date of coming into force: December 24, 2004, Articles 2 and 4. 41 Annex 16. Rules of Procedure for the granting and payment of the pension and bonuses established under Law 19,992. Date these Rules of Procedure were published in Chile’s Diario Oficial: March 14, 2005. Articles 5 and 6. 42 Allegation made by the petitioners and not contested by the State. Annex 11. Communication from the petitioners dated December 19, 2008 and received on December 22, para. 46. See also Article 15 of the Law 19,234 that establishes the possibility of heirs of “exonerados politicos” to receive their pensions. Annex 12. Law 19,234 establishing benefits to “exonerados políticos” and authorizing the Institute de Normalización Previsional to do out-of-court settlements in situations that it indicates. Date of coming into force: August 5, 1993. 43 Annex 17. Psychiatric Report on Leopoldo García Lucero, Dr. Nuria Gené-Cos (LMS, MRCPsych, Consultant Psychiatrist, Trauma Specialist & Section 12 Approved Doctor), December 11, 2007. Report supplied by the petitioners marked as “Annex 5” to the communication received October 28, 2008. Report not contested by the State. Original version in English. 44 Annex 17. Psychiatric report on Elena García, Dr. Nuria Gené-Cos (LMS, MRCPsych, Consultant Psychiatrist, Trauma Specialist & Section 12 Approved Doctor), December 11, 2007. Report supplied by the petitioners marked as “Annex 5” to the communication received October 28, 2008. Report not contested by the State. Original version in English.