VI FACTS 55. The related facts, which occurred prior to the date on which Chile ratified the Court’s contentious jurisdiction (August 21, 1990) and which are described in section (A), are only included as background information to provide a context to those indicated in section (B), which took place after that date. These facts were not contested by the parties or the Commission, with the exception of those relating to the return of the amount deducted for taxes which are referred to below (infra, footnote 79). A. Background: facts prior to the acceptance of the contentious jurisdiction of the Court A.1) Context 56. As the Court indicated in its judgment in the case of Almonacid Arellano et al. v. Chile, “on September 11, 1973, a military regime emerged in Chile which overthrew the Government of President Salvador Allende. ‘The armed and law enforcement institutions, through the Government Junta, took over first the Executive Power (Decree Law No. 1) and then the constituent and legislative powers (Decree Law No. 128).’ The new President of the Republic/Commander-in-Chief was endowed ‘with an accumulation of power that had never before been seen in Chile. The holder of the office not only governed and administered the country, but was also a member of, and presided, the Government Junta – consequently, it was impossible to legislate or to amend the Constitution without him – and commanded all the Armed Forces.’ Decree Law No. 5 of September 22, 1973, ‘declared that the state of emergency owing to the internal unrest that reigned in the country should be understood as “a state or time of war.” 39 57. “Widespread repression against alleged opponents of the regime […], was a State policy from that date until the end of military rule on March 10, 1990, ‘although with varying degrees of intensity and different levels of selectivity when choosing its victims.’ This repression was characterized by systematic and mass summary executions and shootings, torture (including rape, mainly of women), arbitrary deprivation of liberty in clandestine facilities, enforced disappearances, and other human rights violations committed by State agents, sometimes assisted by civilians. The repression was implemented in almost all regions of the country.” 40 58. “The first months of the de facto Government were the most violent phase of the whole repressive period. Of the 3,197 victims of execution and enforced disappearance during the military government who have been identified, 1,823 took place in 1973. Meanwhile, ‘61% of the 33,221 detentions that were considered by the National Commission on Political Imprisonment and Torture, correspond to detentions carried out in 1973.’ This Commission indicated that ‘more than 94% of the victims of political imprisonment’ said that they had been tortured by State agents.” 41 59. “The victims of all these violations were distinguished officials of the regime that had been overthrown and prominent left-wing figures, as well as ordinary militants; political, trade union, community, student (university and high school) and indigenous leaders; 39 Case of Almonacid Arellano et al. v. Chile, supra, para. 82.3. 40 Case of Almonacid Arellano et al. v. Chile, supra, para. 82.4. 41 Case of Almonacid Arellano et al. v. Chile, supra, para. 82.5. 18