REPORT Nº 32/07
PETITION 429-05
ADMISSIBILITY
JUAN PATRICIO MARILEO SARAVIA ET AL.
CHILE
April 23, 2007
I.

SUMMARY

1. On April 13, 2005, the Inter-American Commission on Human Rights (hereinafter “the InterAmerican Commission” or “the IACHR”) received a complaint lodged by Juan Patricio Marileo
Saravia, Florencio Jaime Marileo Saravia, Patricia Roxana Troncoso Robles, José Huenchunao
Mariñan and Juan Ciriaco Millacheo Lican (“the alleged victims”), against the State of Chile
(“the State” or “the Chilean state”), in which they allege the violation of Articles 8(1), 2 and 24
of the American Convention on Human Rights (hereinafter “the American Convention” or “the
Convention”) during their criminal trial, in which five of the petitioners were found guilty of the
felony of terrorist arson.
2. Regarding admissibility, the petitioners contend that domestic remedies were exhausted by
the judgment denying their motion to vacate, handed down on October 13, 2004, by the Court
of Appeals of Temuco.
3. The State challenges the admissibility of the claim considering that, pursuant to Article
47(b) and (c) of the American Convention, the petition is groundless, given that it does not
contain facts that establish a violation of the rights guaranteed by the American Convention.
The State further argues that the filing of the petition was untimely and that the purpose of
the petitioners is for the IACHR to act as a fourth instance. Consequently, it requests the InterAmerican Commission to declare the petition inadmissible.
4. The IACHR, after analyzing the petition, and pursuant to Articles 46 and 47 of the American
Convention, as well as to Articles 30, 37 and others of its Rules of Procedure, declares the
admissibility of the petition with respect to the alleged violations of Articles 8, 9, and 24, in
connection with the general obligations established by Articles 1(1) and 2 of the American
Convention. The Inter-American Commission also decides to notify the parties, publish this
decision and include it in its Annual Report to the General Assembly of the Organization of
American States.
II.

PROCESSING BEFORE THE COMMISSION

5. The petition was submitted by Messrs. and Mme. Juan Patricio Marileo Saravia, Florencio
Jaime Marileo Saravia, Patricia Roxana Troncoso Robles, José Huenchunao Mariñan y Juan
Ciriaco Millacheo Lican, in an April 13, 2005 communication. 1 The processing of the complaint
began on September 5, 2005 with the transmission of the petition to the State and the request
for its observations to be submitted within the next two months.
6. The State of Chile, in OAS Note No. 417 of November 8, 2005, requested the IACHR to
grant an extension in order to provide the required information to the Commission. On
November 10, 2005, the IACHR granted an extension to the State until December 7, 2005 to
present its observations.
7. On December 9, 2003, the State of Chile again requested an extension to submit its
arguments on procedures and on the merits, and the Commission granted an additional onemonth extension on December 14, 2005.

1

It is on the record that the communication was received through electronic mail by the Secretariat of the Commission
on April 13, 2005, and stamped on April 14 of the same year.
1

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