136. In June 2002, Víctor Ancalaf Llaupe was summoned to make a statement before the
Concepción Court of Appeal. On July 5, 2002, he made a statement before that court.
Indictment and confidentiality of the proceedings
137. On October 17, 2002 the investigating judge of the Concepción Court of Appeal issued
an indictment against Víctor Manuel Ancalaf Llaupe and “issue[d] an arrest warrant against” him
for the events that had occurred on September 29, 2001, and March 3 and 17, 2002. Mr.
Ancalaf Llaupe was arrested on November 6, 2002, and entered the “El Manzano” Prison in
Concepción.
138. On January 8, 2003, before the preliminary stage had concluded, Víctor Ancalaf Llaupe’s
defense counsel asked to examine the case file. On the same date, the investigating judge
denied this request considering that “at this time it is essential to keep the preliminary
proceedings confidential to ensure the success of the investigation, because important steps
remain pending.” On January 13, 2003, the defense counsel appealed that decision. On
February 5, 2003, the Concepción Court of Appeal confirmed the decision denying examination
of the file of the preliminary proceedings.
139. In a brief dated January 21, 2003, Karina Prado, Mr. Ancalaf Llaupe’s wife, requested his
transfer to the Temuco prison, indicating, among other matters, that the duration and cost of
transport to the prison where he was in Concepción “[…] entailed a physical and financial
burden, because [they did] not have any income, as the family’s only support was provided by
[her] husband working […] and both [she] and [her] children were in a critical financial
situation.” On January 24 that year, the investigating judge of the Concepción Court of Appeal
issued an order in which he denied the request indicating merely “[n]ot admissible at this time.”
Mr. Ancalaf Llaupe was transferred to a prison nearer his home just one month before he had
served his sentence.150
140. On April 17, 2003, the preliminary stage concluded. On April 24 that year the defense
again asked to examine the case file and also requested Mr. Ancalaf Llaupe’s release on parole.
That same day, the investigating judge of the Concepción Court of Appeal refused the request
to examine the case file of the preliminary proceedings and, the following day, declared that
release on parole was not admissible. On April 30, 2003, an appeal was filed against the
decision refusing release on parole, but this was confirmed by the Concepción Court of Appeal
by a decision of May 5, 2003.
141. On May 15, 2003, Mr. Ancalaf Llaupe reiterated his wife’s request (supra para. 139) for a
transfer to the Temuco Detention Center, because his “family [was] experiencing a very difficult
social and financial situation,” and if he was transferred he “could receive more frequent visits,”
because the Temuco Prison was very near his place of residence. On the same day, the Head of
the Concepción Detention Center forwarded this request to the Regional Director of the Chilean
Prison Service, Bío Bío Region, Concepción, indicating that “there [were] no obstacles to the
transfer of the inmate to the Temuco Prison, because […] he lives and has family support in
that city.” The petition was denied by a decision of the investigating judge of the Concepción
Court of Appeal of May 23, 2003, indicating that “for the time being the transfer request made
by the prisoner is inadmissible.”
142. On May 23, 2003, the prosecutor of the First Prosecutor’s Office filed formal charges
before the Concepción Court of Appeal against Mr. Ancalaf Llaupe “as perpetrator of the terrorist
offenses committed on September 29, 2001, and March 3 and 17, 2002, established in article 2.4
of Law 18,314 in relation to article 1 of this law.” The indictment was notified to Mr. Ancalaf
150
In addition to the judicial case file of the domestic criminal proceedings against Víctor Manuel Ancalaf Llaupe see:
Statement made by presumed victim Víctor Manuel Ancalaf Llaupe before the Inter-American Court during the public
hearing held on May 29 and 30, 2013.
48
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