211. On that same day and on March 19, 2003, the full Court of Appeals of Temuco
appointed Judge Lenin Lillo240 to conduct an extraordinary visit to the criminal court of
Villarrica where Ms. Atala was serving as a judge. It was stated that the visit “respond[ed]
to two basic facts: one, the publications that appeared in the newspapers Las Últimas
Noticias […] and La Cuarta […] which mentioned the fact that [Ms.] Atala was a lesbian”241
and the other concerned the facts described in the complaint filed on March 17, 2003.
212. After the visit to the Court where Ms. Atala served as a judge, Mr. Lillo filed a report
before the Court of Appeals of Temuco,242 making reference to three alleged irregularities,
namely: i) “use of resources and employees to comply with proceedings ordered by the
Judge […] of the Juvenile Court;” ii) “improper use of the court’s seal,” and iii) “publications
made in the press.” Regarding the first point, he described the facts reported by the
President of the Committee of Judges and concluded that said facts “were, in the opinion of
[that] visitor especially serious given that Ms. […] Atala […], making use of resources and
employees of the Court of which she forms part, has become directly involved in complying
with actions ordered in the trial that is taking place in the Juvenile Court.” Regarding the
second point, Mr. Lillo stated that “it was especially serious because Judge Karen Atala had
overstepped her powers by using elements of the Court that are under the responsibility of
third parties in order to favor people related to her circle of friends.”
213. Finally, Mr. Lillo referred to the publications made in the newspapers “Las Últimas
Noticias” and “La Cuarta”, informing the public of the custody suit and referring to Ms.
Atala’s “lesbian relationship.”
214.
Referring to these matters in his report, Mr. Lillo concluded that:
This visitor is not inclined to issue value judgments regarding the sexual inclination of Judge Atala.
However, it is impossible to sidestep the fact that her peculiar emotional relationship has transcended the
private sphere with the appearance of the above-mentioned publications, which clearly damages the
image of both Ms. Atala and the Judiciary. All the foregoing takes on a seriousness that merits the notice
of the Ilmo Court243.
215. On April 2, 2003, the Court of Appeals of Temuco approved the visit carried out by
Mr. Lillo and filed charges against Ms. Atala244. Subsequently, on May 9, 2003 the Court of
Appeals issued “a severe warning for the use of resources and staff to comply with
proceedings ordered by the Judge of the Juvenile Court […] in a case in which she is one of
the parties to the dispute” 245.
240
Report prepared by the Minister Lenin Lillo of the Court of Appeals of Temuco of April 2, 2003 (record on
merits, volume XII, page 5927).
241
Report prepared by the Minister Lenin Lillo of the Court of Appeals of Temuco of April 2, 2003 (record on
merits, volume XII, page 5927).
242
Report prepared by the Minister Lenin Lillo of the Court of Appeals of Temuco of April 2, 2003 (record on
merits, volume XII, pages 5927 to 5934).
243
Report prepared by Minister Lenin Lillo of the Court of Appeals of Temuco, April 2, 2003 (record of merits,
volume XII, page 5934).
244
The Court of Appeals of Temuco stated that it “approved the visit carried out by Judge Lenin Lillo […] and
charges are filed against Ms. Karen Atala Riffo on the three counts mentioned in the report by the visitor.” Decision
of the Court of Appeals of Temuco, April 2, 2003 (record of merits, volume XII, page 5935).
245
Ruling of the Court of Appeals of Temuco, May 9, 2003 (record of merits, volume XII, page 5937).
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