81. After the case had been submitted to the Court on September 20, 2011, José Antonio Ricardi Romero, a lawyer with the office of the Public Legal Assistance Service [Corporación de Asistencia Judicial], 85 filed “a complaint” before the Santiago Court of Appeal on October 7 that year, in relation to “crimes […] committed against [Mr.] García Lucero,” requesting that it “order measures leading to the clarification of the facts, the identification of the perpetrator or perpetrators, the pecuniary responsibilities, and the punishment of the guilty parties” for the crimes of “illegal detention, torture or unlawful physical or mental coercion, injuries, threats and unnecessary violence contemplated in [articles] 150, 150A, 150B, 395 and the pertinent following articles, and article 296 of the Criminal Code and [in article] 330 of the Code of Military Justice.” In this brief, he requested that the above-mentioned court proceed “pursuant to the said articles, article 19 of the Constitution,” the “Inter-American Convention to Prevent and Punish Torture,” and the “Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.” He also asked that it “designate a special examining judge to hear and decide the matter.” 86 82. On October 11, 2011, the President of the Court of Appeal decided to forward “the case file to judge Mario Carroza Espinosa,” for his “information and pertinent effects”; 87 however, on October 13, 2011, the latter declared himself incompetent to hear this case pursuant to “decision No. 81-2010 of June 1, 2010.” 88 Therefore, he forwarded the case file to the President of the Santiago Court of Appeal “so that a special examining judge could be appointed to examine the facts and then make a ruling.” 89 83. On October 26, 2011, the President of the Santiago Court of Appeal, by note No. 1407-2011, forwarded the case file to the Judge of the 34th Criminal Court of Santiago (hereinafter “the 34th Court”). That court admitted the complaint submitted as “case file No. 1261.2011” and decided to “open preliminary proceedings” on November 9, 2011. On that day it issued a court order to conduct the investigation to the Head of the Brigade for the Investigation of Crimes against Human Rights of the Civil Investigation Police of Chile (hereinafter “the Investigation Brigade”). 90 84. In note No. 2756 of November 23, 2011, the Investigation Brigade asked the Documentation and Archives Foundation of the Archbishop of Santiago, for “any information 85 According to article 2 of Law 17,995 the regional “Public Legal Assistance Service[s]” indicated in the law are State organs with “legal status” that have the mandate “to provide free legal and judicial assistance to individuals with limited resources. Also, to provide […] those studying to be lawyers with the means to obtain the practical experience required to exercise the profession” (Cf. Law 17,996; file of annexes to the pleadings and motions brief, tome II, annex 11, fs. 2317 to 2319). 86 Complaint filed by José Antonio Ricardi Romero, supra. 87 Decision of October 11, 2011, of the President of the Santiago Court of Appeal, Juan Eduardo Fuentes Belmar (file of annexes to the answering brief, annex 9, f. 2767). 88 According to Special Examining Judge Mario Carroza Espinosa, this decision appointed him “to examine ‘proceedings on the violations of human rights that had taken place between September 11, 1973, and March 10, 1990, relating to the death and disappearance of persons’” and this “does not include crimes such as torture, injuries or threats” (Decision of October 13, 2011, of Special Examining Judge Mario Carroza Espinosa. File of annexes to the answering brief, annex 9, fs. 2768 to 2770). 89 Decision of October 13, 2011 of Special Examining judge Mario Carroza Espinosa, supra. 90 Cf. Decision of November 9, 2011, of the Alternate Judge of the 34th Court, Cheryl Fernández Albornoz, and communication of November 9, 2011, of the Alternate Judge of the 34th Court, Cheryl Fernández Albornoz, addressed to the Head of the Brigade for the Investigation of Crimes against Human Rights of the Civil Investigation Police of Chile (file of annexes to the answering brief, annex 9, fs. 2777 and 2776, respectively). 28