REPORT Nº 33/07 PETITION 581-05 ADMISSIBILITY VÍCTOR MANUEL ANCALAF LLAUPE CHILE April 23, 2007 I SUMMARY 1. On May 20, 2005 the Inter-American Commission on Human Rights (hereinafter the “InterAmerican Commission,” or “the IACHR”) received a complaint filed by 69 Mapuche indigenous community leaders1 and the attorneys Ariel León Bacian, an Aymara; Sergio Fuenzalida Bascuñán, of the Center for Social Legal Studies and Indigenous Documentation; and José Alywin Oyarzún, Director of the Observatory of Indigenous Peoples’ Rights, (“the petitioners”), all of whom are representing Mr. Víctor Manuel Ancalaf Llaupe (“the alleged victim”). The complaint was filed against the State of Chile ( “the State” or “the Chilean State”"), alleging violation of Articles 8, 9, 24, and 1(1) of the American Convention on Human Rights (“the American Convention” or “the Convention”) in the criminal trial of the alleged victim, wherein he was convicted as the perpetrator of a terrorist offense as provided under Law Nº 18.314, which defines terrorist behaviors and establishes related penalties. 2. As regards admissibility, the petitioners argue that domestic remedies were exhausted with the complaint appeal (recurso de queja) filed with the Supreme Court of Justice and decided on November 22, 2004. 3. For its part, the State disputes admissibility, arguing that the complaint was not filed in a timely manner in accordance with Article 46(b) of the American Convention. It also asserts that no specific facts were alleged with respect to the 69 Mapuche who signed the petition, in accordance with Article 47(b) of the American Convention. 4. After analyzing the petition and in accordance with the provisions of Articles 46 and 47 of the American Convention, as well as Articles 30, 37 and related articles of its Rules of Procedure, the IACHR declares that the petition is admissible with respect to the alleged violations of Articles 8, 9, and 24, as they relate to the general obligations established in Articles 1(1) and 2 of the American Convention. The Inter-American Commission also determines 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 BY THE COMMISSION 5. The Inter-American Commission received the petition on May 20, 2005 and assigned it the number 581-05. The information was sent to the State on August 12, 2005, allowing it a period of two months to submit its response. 6. On October 12, 2005, the State of Chile requested an extension for submission of its response to the complaint. On October 17, 2005, the IACHR granted the State an extension until November 12, 2005 to submit its observations. 7. The State of Chile submitted its response on November 22, 2005, which was transmitted to the petitioners on December 1, 2005, requesting its observations within a period of one month. On December 30, 2005, the petitioners submitted their observations, which were transmitted to the State on March 16, 2006, with a request that it submit its observations within a period of one month. As of the date this report was published, the State had not submitted its observations. 1 The leaders’ names are in the IACHR case file. 1