Practice Relating to Rule 150. Reparation
Chile’s Law on the Establishment of a National Authority for Compensation and Reconciliation (1992), as amended in 2004, states that a “monthly compensatory pension is established for the benefit of the families of victims of violations of human rights and political violence”.
In 1991, in its official report on violation of human rights during the military regime, Chile’s National Commission for Truth and Reconciliation recommended that reparations be paid by the State in respect of disappearances, and concluded that Chile should grant the families of disappeared persons a pension for life as material recompense.
In 1994, in its second periodic report to the Committee against Torture, Chile stated:
In response to the recommendations made by the National Commission for the Truth and Reconciliation in regard to compensation for victims of human rights violations during the military regime, and as a contribution of the State to this endeavour and a specific form of reparation designed to confer legal recognition on a problem experienced in Chile by a significant segment of the population, the Programme of Compensation and Full Health Care for Victims of Human Rights Violations (PRAIS) was introduced in 1991. At present, seven PRAIS teams are functioning as part of state health services in different areas of the country, financed by contributions from those services and international cooperation. Apart from torture victims, beneficiaries of PRAIS include family members of missing detainees, persons executed for political reasons and exiles.
In its views and comments on the 1997 Draft Basic Principles and Guidelines on the Right to Reparation for Victims of [Gross] Violations of Human Rights and International Humanitarian Law – as they were then called – Chile stated:
It seems appropriate to include in the set of basic principles and guidelines a specific provision establishing the State’s immediate, direct liability for compensation, without prejudice to its right to attempt to recover from the offenders the amount paid.