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Original article: Corte reconoce da\u00f1o de por vida y eleva indemnizaci\u00f3n a viuda de ejecutado pol\u00edtico de 27 a\u00f1os asesinado en 1973<\/a><\/p>\n After recognizing the extent of the damage incurred<\/strong>, the Court of Appeals of Santiago<\/strong> has increased the compensation<\/strong> that the State of Chile \u2014represented by the Treasury\u2014 must pay to the widow of a political execution victim<\/strong> from the dictatorship<\/a>, whose murder occurred in the days following the 1973 coup.<\/p>\n The victim is Vicente Patricio Clement Hechenleitner,<\/strong> a young man of just 27 years old whose body was found lifeless by the La Aguada ditch<\/strong>, at the intersection of Avenida Vicu\u00f1a Mackenna and San Joaqu\u00edn on September 16 of that year.<\/p>\n This decision was made by the Ninth Chamber of the appellate court, composed of Minister Iara Barrios, Minister Manuel Rodr\u00edguez, and attorney (i) Ximena Insunza. In their ruling, the judges not only confirmed the State\u2019s responsibility in Clement\u2019s execution but also increased the compensation amount<\/strong>, considering that the damage experienced by the widow affected the rest of her life.<\/p>\n The appellate court accepted the arguments of the claimant, who contended that the amount set in the first instance was insufficient<\/strong> 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.<\/p>\n \u00abRegarding 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<\/strong> 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,\u00bb stated the ruling.<\/p>\n The ruling also details the background that substantiates state responsibility. According to the investigation, Vicente Patricio Clement Hechenleitner was arrested on September 14, 1973<\/strong> by members of the Air Force when he was arriving at the Loncoleche company.<\/p>\n According to credible testimonies<\/strong>, the leader of the Vicu\u00f1a Mackenna Industrial Cord\u00f3n was executed by state agents<\/strong> on September 16 by the aforementioned La Aguada ditch. His lifeless body was left<\/strong> there and was thereafter sent to the Legal Medical Institute by the Carabineros of San Joaqu\u00edn.<\/p>\n On this point, the first-instance ruling, confirmed by the appellate court, is conclusive in establishing the responsibility of state agents<\/strong>.<\/p>\n \u00abWith 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<\/strong>, attributable to the actions of state agents,\u00bb it stated.<\/p>\n The Court of Appeals established the amount of compensation<\/strong> for moral damage at fifty million pesos ($50,000,000<\/strong>). This decision diverges from the lower amount determined in the first instance, considering that a reparation proportional<\/strong> to the extent of the moral damage caused is necessary.<\/p>\n \u00abThe previous circumstances, which were not disputed by the defendant, must have generated a significant and lasting impact on her life<\/strong>, 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,\u00bb stipulated the decision.<\/p>\n In addition to the increase in the compensation amount, the Court introduced a modification regarding the calculation of interests<\/strong>.<\/p>\n \u00abSince the interests constitute damages due to default<\/strong>, 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\u2019s default<\/strong>,\u00bb determined the verdict<\/a>.<\/p>\n<\/div>\nExecuted by State Agents Serving the Dictatorship<\/span><\/h3>\n
Court Raises Compensation for the Widow of the Political Execution Victim<\/span><\/h3>\n