3
precautions.” Finally, the State noted that in all proceedings conducted by military
courts, the “principles of due process, the right of appeal (three instances), judicial
control, reasoning of judgments, the prohibition of the use of analogy in criminal law,
and notification of the cause for arrest” were observed and the detainee was
provided with legal counsel. On September 23, 1994, the Commission forwarded a
copy of the State’s answer to the claimants.
6.
On November 18, 1994, the original claimants presented their observations
on the State’s answer. There they requested that the “January complaint be
expanded to include Alejandro Astorga Valdez,” who was not named as a victim in
the original petition. They maintained that in Mr. Astorga Valdez’ case, the courts of
first and second instance had agreed to a motion to dismiss for lack of jurisdiction.
When the highest court granted a motion to nullify the lower courts’ rulings,
however, Mr. Astorga Valdez was convicted and sentenced to life imprisonment.
7.
Under Article 30 of its Regulations, the Commission agreed to expand the
original complaint.
8.
On December 14, 1994, the second set of claimants submitted a notarized
power of attorney, executed by the alleged victims’ next of kin to the president of
the Chilean Human Rights Commission, Mr. Jaime Castillo Velasco, and to Mr. Carlos
Margotta Trincado.
9.
On January 31, 1995, the Commission received from the claimants a report of
the Human Rights Commission of the Chilean Parties of Democratic Reconciliation,
which noted that the Commission in question had attempted, without success, to
visit the Chilean citizens in prison in Peru. This report was sent to the State on
March 20, 1995.
10.
On March 8, 1995, the Commission received document No. 09-FG/CSJM,
dated February 15 of that year, wherein the Prosecutor General of the Supreme
Court of Military Justice reported that the alleged victims had been sentenced to life
imprisonment.
The document also stated that Mr. Castillo Petruzzi’s defense
attorney had filed a motion to have his conviction overturned, which the Special
Tribunal of the Supreme Court of Military Justice dismissed as unfounded. This
information was conveyed to the claimants on March 16, 1995.
11.
By note of June 6, 1995, the State presented documents No. 316-95 of June
2, 1995, and No. 222-95-MP-FN-FEDPDH-DH-V of April 18, 1995, concerning a
request for verification of the four alleged victims’ health and legal status. Additional
information was supplied on November 7, 1995, to the effect that Mrs. María
Concepción Pincheira Sáez had been convicted of treason and sentenced to life
imprisonment and that “she was counseled by Dr. Castañeda throughout the
proceedings.” That communication added that the prisoner “reports health problems
and harassment by inmates.” This information was sent to the claimants on
November 30, 1995.
12.
On June 14, 1996, the claimants asked the Commission to adopt
precautionary measures for the alleged victims in anticipation of their possible
transfer to an “uninhabitable” prison. The Commission asked the State to supply
information on this matter, since the order from the Special Tribunal of the Supreme
Court of Military Justice had been that their sentence of life imprisonment was to be
served at the Yanamayo Prison in Puno. By note of July 16, 1996, the State reported