B. Facts subsequent to the acceptance of jurisdiction
B.1. System of reparations adopted by the State
B.1.1) Law No. 19,123 - National Compensation and Reconciliation Board
67.
By Law No. 19,123, published in the Official Gazette on February 8, 1992, the State
created the National Compensation and Reconciliation Board, “in order to decide on cases
that the [Rettig Commission] was unable to examine in depth, as well as any new cases that
may arise and to provide social and legal assistance to the next of kin of victims.” 57 In
December 1996, the National Compensation and Reconciliation Board concluded its work
and, subsequently, some of its functions were carried out by the so-called Program for the
Continuation of Law 19,123. 58
68.
The benefits established by Law No. 19,123 included the Program of Reparation and
Comprehensive Health Care (hereinafter “the PRAIS Program”), designed to provide “free
and preferential treatment in all medical services in the area of mental and physical health,
tests and specialized treatment, provided in all the country’s health centers [to the] next of
kin of detainees who disappeared [and] of those executed for political reasons, [and to]
those who returned and […] to those who were dismissed from their employment for
political reasons (exonerados politicos) and their direct family groups.” Subsequently, Law
No. 19,980 of November 9, 2004, amended Law No. 19,123 to expand medical reparation
benefits and to establish new ones. Furthermore, Law No. 19,992 promulgated on December
17, 2004, expanded care for those persons “whose names appear on the list of persons
recognized as victims that forms part of the Report of the National Commission on Political
Imprisonment and Torture” 59 (hereinafter also “Valech Commission”) (infra para. 72).
B.1.2) Laws that regulate the pension and special bonus payment for those
“dismissed for political reasons”
available on the website of the Human Rights Program of the Ministry of the Interior and Public Security of the
Government of Chile: http://www.ddhh.gov.cl/historia_programa.html (file of annexes to the Merits Report, tome I,
annex 8, fs. 146 to 150).
57
Cf. “Historia del Programa,” supra. See also Communication of the State received by the Commission on
April 28, 2009 (file of annexes to the Merits Report, tome I, annex 6, fs. 124 to 140). With regard the information
contained in this communication, in its Merits Report, the Commission, indicated: “[a]rgument of the State, not
contested by the [then] petitioners; and no contrary conclusion arises from the file [before the Commission].” See
also “Tabla leyes and medidas de reparación en Chile 1991–2011,” supra.
58
Cf. “Historia del Programa,” supra. This states that the Program Continuation Law 19,123 was established
by Supreme Decree No. 1005 of April 25, 1997, and that, among other actions, “it was designed to assist in
hundreds of trials underway in courts throughout the country, either directly, as complainant and/or intervener, or
indirectly, by handing over the information requested by the judges.” Since 2001, the Program Continuation Law
19,123 became the Human Rights Program of the Ministry of the Interior (Cf. Communication of the State received
by the Commission on April 28, 2009, supra). The representatives indicated that Supreme Decree No. 1005 created
the “Human Rights Office” and argued that “[e]ven though [the latter] has the legal faculty to conduct judicial
proceedings, and has been essential in promoting the investigation of cases of disappearance and execution in
Chile, its jurisdiction excludes cases of victims who are survivors of torture.”
59
Law No. 19,992, promulgated on December 17, 2004, and published on December 24 that year, articles 9
and 10. Article 9 cited refers to Law No. 19,980, establishing that a subparagraph (with the letter “d”) be added to
the “first paragraph of [its] seventh article […]” (which relates to the “purpose” of the PRAIS Program), indicating
(as beneficiaries of the “reparatory medical care” established) “those [persons] whose names appear on the List of
Persons recognized as Victims, that forms part of the Report of the National Commission on Political Imprisonment
and Torture, created by Supreme Decree No. 1,040, of 2003, of the Ministry of the Interior” (file of annexes to the
Merits Report, tome I, annex 15, fs. 200 to 205, and file of annexes to the pleadings and motions brief, tome I,
annex 3, fs. 2241 to 2246).
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