awarded the prison benefits of “weekend release” and “supervised release.” She was granted
parole by Decision No. 379 of December 14, 2010, issued by the Regional Secretariat of the
Ministry of Justice of the Region of Aucaranía; and in a communication of the same date, the
Captain of Gendarmerie, Head of the Angol Education and Employment Center declared that her
parole would be supervised by the Angol Pre-trial Detention Center. By Decree No. 2857 of the
Ministry of Justice dated June 15, 2011, the original sentence was reduced by 14 months, and
she was released on July 1, 2011.142
131. Mr. Huenchunao Mariñán was a fugitive from justice for approximately two years and
seven months, between August 2004 and March 2007.143 He began to serve his sentence on
March 20, 2007, receiving an allowance for the time spent in pre-trial detention. On June 4,
2009, he was granted “trimestral release” as a “prison benefit.” Then, on March 17, 2011, he
was granted the benefit of “weekend release.” By Decision No. 217 of the Regional Secretariat
of the Ministry of Justice of the Region of Araucanía dated June 23, 2011, he was granted the
benefit of “parole.” Lastly, by Decision No. 311 of the same authority, issued on August 24,
2011, authorization was given for the weekly control of his parole to be carried out by the
Carabineros of the commune of Tirúa and in the Los Dominicos Carabineros Sub-Station of the
commune of Las Condes, Santiago, where his family lives. His sentence is supposed to end on
March 4, 2016.144
132. Juan Ciriaco Millacheo Licán was a fugitive from justice for approximately nine years,
from February 2004 to February 2013, when he was arrested in Argentina and transferred to
Chile to serve the sentence imposed on him in these proceedings.145 In a hearing held on
February 27, 2013, the Judge of the Collipulli First Instance Court of Guarantees decided, based
on articles 103 and 100 of the Criminal Code, that in the case of Mr. Millacheo Licán “half the
statute of limitations would be applied to the sentence, since the time frame for the case had
142
Cf. Transcript of the minutes of the technical committee of the Angol Education and Employment Center of March 13,
2008; Transcript of the minutes of the technical committee of the Angol Education and Employment Center of April 23,
2009; Decision No. 379 issued on December 14, 2010, by the Regional Secretariat of the Ministry of Justice of the Region of
Araucanía; Communication of December 14, 2010, signed by the Head of the Angol Education and Employment Center
addressed to the Regional Director of the Chilean Prison Service, Region of Araucanía; Decree No. 2857 of June 15, 2011,
issued by the Chilean Ministry of Justice; Report on the prison conditions of the persons involved in the Case of Norín
Catrimán et al. v. Chile (file of helpful evidence presented by the State, folios 63 to 66 and 1505 to 1521), and Judgment of
the Angol Oral Criminal Trial Court of August 22, 2004, third operative paragraph (file of annexes to the Merits Report
176/10, annex 18, folios 608 to 687).
143
Mr. Huenchunao Mariñán testified: “[i]n August 2004, after the oral trial, during which he had attended all the
hearings as one of the accused, [he] decided not to attend the reading of the judgment. [He] always thought that the
highest court of Chile would decide in [their] favor annulling the trial and that [he] would not be in hiding for very long, but
unfortunately, this was not the case; so [he] had to remain illegal and in hiding for a long time. […] In March 2007, he was
caught in order to serve his sentence […].” Cf. Affidavit prepared on May 17, 2013, by José Benicio Huenchunao Mariñán
(file of statements of presumed victims, witnesses and expert witnesses, folios 201 to 211).
144
Cf. Minutes of the meeting of the technical committee of the Angol Education and Employment Center of June 4,
2009; Minutes of the meeting of the technical committee of the Angol Education and Employment Center of March 17,
2011; Decision No. 217 issued on June 23, 2011, by the Regional Secretariat of the Ministry of Justice of the Region of
Araucanía; Decision No. 311/2011 issued on August 24, 2011, by the Regional Secretariat of the Ministry of Justice of the
Region of Araucanía; Report on the prison conditions of the persons involved in the Case of Norín Catrimán et al. v. Chile
(file of helpful evidence presented by the State, folios 63 to 66 and 1256 to 1284), and Judgment delivered on August 22,
2004, by the Angol Oral Criminal Trial Court, third operative paragraph (file of annexes to the Merits Report 176/10, annex
18, folios 608 to 687).
145
Mr. Millacheo Licán testified that he “left before the judgment, because [he] had not taken part in the fire and […]
thought that [he] would be sentenced to imprisonment; [he] therefore left the proceedings. [… He] spent 10 years in hiding
[and] was arrested again in Argentina. Following the arrest in Argentina, [they took him] quickly to Chile, to the court and
to prison. 20 days later there was another hearing and [his] defense counsel explained why the sentence should be
reduced. Consequently, they released [him] and ordered him to go and sign in […] once a month.” Cf. Affidavit prepared on
May 14, 2013, by Juan Ciriaco Millacheo Licán (file of statements of presumed victims, witnesses and expert witnesses,
folios 194 to 200).
46
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