3
On March 1, 2007, the IACHR sent the State the petitioners’ observations on the merits and set a
deadline of two months for the State to submit its observations thereon. As of the date on which
the present report was adopted, the State had not yet submitted its observations on the merits.
The Commission also received information from the petitioners on November 13, 2007, which was
duly forwarded to the State. The Commission received information from the State on the following
dates: April 11, July 25, and November 14, 2008. Those communications were duly forwarded to
the petitioners.
In a communication dated July 13, 2007, the State said it would be interested in reaching a friendly
settlement of the matter, a suggestion to which the petitioners agreed in a communication dated
October 24, 2007. On March 11 and October 24, 2008, working meetings were held during the
st
rd
Commission’s 131 and 133 sessions, in Washington, D.C., to pursue the friendly settlement
process that the parties had embarked upon. On February 4, 2009, the petitioners advised the
Commission that they had decided not to pursue the friendly settlement process and asked that the
Commission continue to process the case.
9.
In the case of Juan Patricio Marileo Saravia et al. (Report No. 32/07):
The Commission forwarded the petitioners’ observations on the merits to the State on August 15,
2007, and gave it two months in which to submit its observations. As of the date of this report, the
State has not yet submitted its observations on the merits.
The IACHR received information from the petitioners on the following dates: February 11 and 25,
July 28, August 19, and December 1, 2008. Those communications were duly forwarded to the
State. The Commission received communications from the State on the following dates: July 12,
September 18, November 6 and 14, and December 8, 2008. The State’s communications were
then forwarded to the petitioners.
In a communication dated February 14, 2008, the State expressed its interest in arriving at a
friendly settlement of the matter, an offer the petitioners accepted in a communication dated
February 23, 2008. On March 11 and October 24, 2008, working meetings were held during the
st
rd
Commission’s 131 and 133 sessions, to pursue the friendly settlement process between the
parties. On December 23, 2008, the petitioners informed the Commission that they had decided
not to pursue the friendly settlement process and requested that the processing of the case
continue.
On November 15, 2007, the petitioners asked the Commission to adopt precautionary measures to
avoid irreparable harm to the life and health of Patricia Roxana Troncoso Robles, and Mr. José
Huenchunao Marillan, Mr. Jaime Marileo Saravia, and two other persons deprived of liberty and of
Mapuche origin: Mr. Héctor Llaitul Catrillanca and Mr. Juan Millalén Mila, who had been on a
hunger strike since October 10, 2007, at the Angol Penitentiary (Region IX). The purpose of the
hunger strike was to demand that a number of measures be taken immediately to improve the
situation of the Mapuche persons deprived of liberty, including an effort to find legal ways to obtain
5
their release. On December 20, 2007, the applicants seeking the precautionary measures
informed the Commission that the only person still on a hunger strike was Mrs. Patricia Troncoso.
By a communication dated January 3, 2008, the Commission requested information from the State
and from the petitioners. Each party’s reply was forwarded to the other party. Finally, on January
30, 2008, the Commission was informed that Mrs. Patricia Troncoso had ended her hunger strike.
10.
In the case of Victor Manuel Ancalaf Llaupe (Report No. 33/07):
5
The applicants seeking the precautionary measure asked that the following measures be adopted: “1) that an order be
given that the comuneros are to be visited on a daily basis by a medical professional, who will check on their health and keep their
families informed of their health status; 2) that a means of dialogue be established with the Mapuche comuneros who are on hunger
strike, safeguarded by a guarantor; 3) that any time that the comuneros have spent in incarceration be counted toward their final
sentences; 4) that any Mapuche comuneros who meet the established requirements be given access to prison privileges; 5) that a
technical team be established, composed of State and independent professionals whom the beneficiaries trust, to undertake… a
study of some legal alternative that makes possible .. a solution to their unjust incarceration …”