-1419.123.39 The plaintiff then filed an appeal against this judgment with the Fourth Chamber of the Court of Appeals of Santiago (hereinafter “CAS”) which upheld the lower court’s decision and dismissed the appeal on October 24, 2002. Subsequently, the plaintiff filed a motion for annulment of the ruling on the merits, which was declared void by the Supreme Court of Justice (hereinafter “CSJ”) on January 7, 2003. Finally, the case file was returned to the original court, which issued a “let it be executed” resolution on March 17, 2003. 47. In November 2005, under the provisions of Law 19.980 of 2004, the children of Augusto Alcayaga, who were not entitled to a pension because of their age, were granted a one-off reparation award of $10,000,000.00 Chilean pesos; meanwhile, those children who, because of their age received reparation pensions, were granted the difference between the amount of the pension received and the amount of the one-off award. A.4 Situation of the next of kin of Lucía Morales Compagnon and their case against the Chilean Treasury 48. According to the report of the Rettig Commission, Jorge Osorio, a militant socialist and university lecturer, was arrested by Investigations officers on September 17, 1973, at the premises of the Manesa Company and taken to “La Serena” Prison. 49. Hipólito Cortés, a worker, municipal employee, one of the leaders of the Construction Workers’ Union and a Communist Party militant, was also taken to this prison, after being arrested at his workplace by the Ovalle police. Hipólito Cortés was drugged and beaten during his detention. 50. On October 16, 1973, Jorge Osorio and Hipólito Cortés were executed along with 13 other individuals at the Arica Military Regiment base, “as ordered by military courts in time of war.” The executions were carried out by State agents without due process of law and the bodies were buried in a mass grave in La Serena cemetery.40 51. Pursuant to the provisions of Law 19.123 of 1992, the wife of Jorge Osorio, Lucia Morales Compagnon, has been receiving a monthly pension41 since July 1991. 52. In 1997, the wife and children of Jorge Osorio filed a civil lawsuit for compensation for damages before the Eighth Civil Court, thereby initiating the “Morales Lucía v. the Chilean Treasury” proceedings (Case Record No. 4720-97), on account of Mr. Osorio’s arrest and execution in 1973. 53. In 1998, the remains of Mr. Osorio were exhumed and identified; the findings showed that he had been tortured prior to his extrajudicial execution.42 This victim is not included in the list of persons recognized as victims by the Valech Commission report.43 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 five years for the prescription of the case that the Court has deemed applicable in this case.” Cf. Judgment of the Eighth Civil Court, Órdenes María v. the Chilean Treasury, supra (evidence file, ff. 25 and 26). 39 40 Cf. Report of the Rettig Commission, Volume I, supra, pages 273 and 274. The amount received monthly from July 1991 until November 2007 totals $36,175,000 Chilean pesos. She continues to receive the pension. Cf. Brief of the State of November 21, 2008 filed before the Commission; and Eighth Civil Court. Judgment of January 27, 1999, Morales Lucía/Chilean Treasury, Case Record No. 4720-97, Twelfth and Fifteenth Considering paragraphs (evidence file, folio 82). 41 Cf. Judgment of the Second Civil Court of La Serena, Patricia Cortés against the Chilean Treasury, March 9, 2001, Fifth considering paragraph (evidence file, folio 50) 42 43 Commission Valech. List of Persons Recognized as Victims: http://www.indh.cl/wp-content/uploads/2011/10/Valech-1.pdf