A/HRC/10/9
page 19
72. In March 2004, the Government enacted Law 2640 on Exceptional Reparation to Victims
of Political Violence during Inter-Constitutional Governments (Law CONREVIP), in which it
agreed to pay compensation to victims of political violence, including victims of enforced
disappearance that occurred between 1964 and 1982. Law 2640 created a National Commission
(CONREVIP) to evaluate the victims’ requests. Notwithstanding that, Law 2640 determined that
CONREVIP be established after 90 days from its publication, Statutory Decree 28015, which
regulated Law 2640; it was adopted only 11 months later.
73. It was reported that CONREVIP has serious administrative problems, mainly because of a
lack of institutional support from the Ministry of Justice, which chairs the Commission.
74. It has been alleged that huge administrative and human resource constraints faced by the
Commission have caused delays in the procedure. According to the information received, if
CONREVIP continues to work with its current resources, it is unlikely that the review of the
pending applications will be concluded by 2010.
75. It was reported that the Government has not provided payments to victims. Rather, the
Government enacted complementary rules that are causing delays in the processing of
compensation to victims, such as: Law 3275, which determines a new deadline for the
submission of requests but also determines a delay in the procedure of compensating victims
who had already applied for reparation before the new deadline; Law 3449, which determines
that the CONREVIP Presidency, which was under the Ministry for Presidency, is now under the
Ministry for Justice, and that two members from the legislative power become members of
CONREVIP, which involves further delays in providing the victims with reparation; and
Statutory Decree 29214, which establishes new deadlines to CONREVIP causing further delays.
76. According to credible sources, the main obstacle is that Law 2640 requires that 80 per cent
of the total amount of the compensation is to be funded by the international community. This
substantial part of the required financial resources is unlikely to be obtained from the
international community; it is the State that is directly responsible for human rights violations
and compensation. It was reported that a lack of funds prevents the Government from providing
reparation to victims.
77. As reported above, on 18 November 2008, the Government replied to the general
allegation.
Total cases transmitted, clarified and outstanding
78. Since its establishment, the Working Group transmitted 48 cases to the Government. The
majority occurred between 1980 and 1982, in the context of measures taken by the authorities
after two military coups d’état.
79. The Working Group clarified 20 cases; 19 on the basis of information provided by the
Government and 1 on the basis of information provided by the source; 28 remain outstanding.
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