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Original article: Corte reconoce daño de por vida y eleva indemnización a viuda de ejecutado político de 27 años asesinado en 1973

After recognizing the extent of the damage incurred, the Court of Appeals of Santiago has increased the compensation that the State of Chile —represented by the Treasury— must pay to the widow of a political execution victim from the dictatorship, whose murder occurred in the days following the 1973 coup.

The victim is Vicente Patricio Clement Hechenleitner, a young man of just 27 years old whose body was found lifeless by the La Aguada ditch, at the intersection of Avenida Vicuña Mackenna and San Joaquín on September 16 of that year.

This decision was made by the Ninth Chamber of the appellate court, composed of Minister Iara Barrios, Minister Manuel Rodríguez, and attorney (i) Ximena Insunza. In their ruling, the judges not only confirmed the State’s responsibility in Clement’s execution but also increased the compensation amount, considering that the damage experienced by the widow affected the rest of her life.

The appellate court accepted the arguments of the claimant, who contended that the amount set in the first instance was insufficient to remedy the suffering caused by the loss of her husband in such tragic circumstances. For the judges, the magnitude of the non-economic damage was decisive in raising the amount.

«Regarding the amount of compensation for non-economic damage claimed by the petitioner, this Court believes that, in addition to the considerations taken into account by the lower court in point 20 of the challenged ruling, a full reparation for the moral harm suffered due to the death of her spouse can only be satisfied with a sum superior to that established in the first instance, given that this event significantly impacted the rest of her life due to the tragic circumstances of that death at the hands of state agents,» stated the ruling.

Executed by State Agents Serving the Dictatorship

The ruling also details the background that substantiates state responsibility. According to the investigation, Vicente Patricio Clement Hechenleitner was arrested on September 14, 1973 by members of the Air Force when he was arriving at the Loncoleche company.

According to credible testimonies, the leader of the Vicuña Mackenna Industrial Cordón was executed by state agents on September 16 by the aforementioned La Aguada ditch. His lifeless body was left there and was thereafter sent to the Legal Medical Institute by the Carabineros of San Joaquín.

On this point, the first-instance ruling, confirmed by the appellate court, is conclusive in establishing the responsibility of state agents.

«With the detention firmly established and credible testimonies about the circumstances of his death and legal records confirming it, this Commission has come to the conviction that Vicente Patricio Clement was executed and was a victim of human rights violations, attributable to the actions of state agents,» it stated.

Court Raises Compensation for the Widow of the Political Execution Victim

The Court of Appeals established the amount of compensation for moral damage at fifty million pesos ($50,000,000). This decision diverges from the lower amount determined in the first instance, considering that a reparation proportional to the extent of the moral damage caused is necessary.

«The previous circumstances, which were not disputed by the defendant, must have generated a significant and lasting impact on her life, as corroborated by the testimonial and expert evidence presented, which requires a reparation proportional to the extent of the moral damage caused, estimated to be equivalent to fifty million pesos, as will be fixed in the ruling,» stipulated the decision.

In addition to the increase in the compensation amount, the Court introduced a modification regarding the calculation of interests.

«Since the interests constitute damages due to default, the starting point for their calculation must adhere to the rules provided by law, specifically in this case, to article 1551 of the Civil Code, which stipulates in its No. 3 that the debtor is in default when they have been judicially summoned by the creditor. Consequently, the first-degree ruling must also be amended in this regard, establishing that the interests accruing on the amount to be paid must be calculated from the debtor’s default,» determined the verdict.

La entrada Court Acknowledges Lifelong Damage and Raises Compensation for Widow of Political Execution Victim from 1973 se publicó primero en El Ciudadano.