well as the payment of costs and expenses. On the same date, the FIDH also sent a brief in
which it presented the request of the presumed victims Pichún Paillalao and Jaime Marileo
Saravia to access the Court’s Assistance Fund.
9.
Access to the Court’s Legal Assistance Fund. – On May 18, 2012, the President of the
Court (hereinafter “the President”) issued an Order,11 declaring admissible the requests of three
presumed victims to access the Victims’ Legal Assistance Fund (supra paragraphs 7 and 8) and
took decisions in this regard.
10.
Answering brief. On May 25, 2012, Chile submitted to the Court its brief answering the
submission of the case, and with observations on the motions and arguments briefs (hereinafter
“answering brief”).12 In this brief, it “reject[ed], each and every one of the human rights
violations attributed to it in the Commission’s Merits Report and in the briefs with motions,
arguments and evidence of the representatives of the presumed victims.” The State appointed
Miguel Ángel González Morales, Ambassador of the Republic of Chile to the Republic of Costa
Rica, and Juan Francisco Galli Basili as its Agents, and Luis Petit-Laurent Baldrich, Jorge Castro
Pereira and Alejandro Rojas Flores as Deputy Agents.13
11.
Briefs of supposed “waiver.” On September 13, 2012, the Secretariat advised that the
Court had decided “not to accord legal effects” to the briefs received on June 19, 2012,
supposedly signed on May 7, 2012, by presumed victims Segundo Aniceto Norín Catrimán and
Pascual Huentequeo Pichún Paillalao, in which they supposedly communicated their “waiver of
any action related to this case.” Before taking this decision, the Court had received observations
from the said presumed victims, their representatives, and the State in which the
representatives questioned the validity of the supposed waiver documents and Messrs. Norín
Catrimán and Pichún Paillalao stated that they did not wish to waive their status as presumed
victims in these proceedings. The Court determined that Messrs. Norín Catrimán and Pichún
Paillalao would continue to be considered presumed victims taking into account this ambiguity
and according primacy to their last indication of their wishes of July 2012, which allowed it to be
affirmed with certainty that it was not their desire to waive their status of presumed victims in
these proceedings.14
11
Cf. Case of Norín Catrimán et al. (Lonkos, leaders and activists of the Mapuche indigenous people) v. Chile. Order of
the President of the Court of May 18, 2012, which can be consulted on the Court’s website at:
http://corteidh.or.cr/docs/merits_victimas/norin_fv_12.pdf.
12
Under the provisions of Article 41 of the Court’s Rules of Procedure, States have a non-extendible time frame of two
months to present the answering brief. However, since the representatives appointed more than one common intervener in
this case, the President of the Court decided that, pursuant to Articles 25(2) and 41(1) of the Court’s Rules of Procedure,
and in order to safeguard the procedural equality of the parties, Chile had the right to present its answering brief within the
non-extendible time frame of three months.
13
Subsequently, in a brief of May 16, 2013, Chile also appointed Hernán Quezada Cabrera as the State’s agent.
14
On July 30 and August 28, 2012, Ylenia Hartog, representative of the presumed victims Segundo Aniceto Norín
Catrimán and Patricia Roxana Troncoso Robles, presented two briefs in which, inter alia, she asked that she be allowed to
participate as a common intervener, “[o]wing to the situation of defenselessness and the change of circumstances” owing to
the “supposed waiver that had been presented.” In notes of the Secretariat of September 13, 2012, on the instructions of
the Court Ms. Hartog was again advised what the President of the Court had indicated previously; that, pursuant to Article
31(3) of the Court’s Rules of Procedure, the decisions of the Court may not be contested in any way and, therefore, the
Court’s decision, communicated in notes of the Court’s Secretariat of February 20, 2012, in which Ms. Hartog’s request to
participate as a third common intervenor in this case was refused, could not be reconsidered. Furthermore, on the
instructions of the Court, the Secretariat of the Court advised Ms. Hartog that when the Court had given her the opportunity
to present observations on the supposed withdrawal of Mr. Norín Catrimán, this had been done exceptionally, because the
Court had considered it pertinent and useful to know her opinion on this specific matter. Consequently, she was reminded
that communications addressed to the Court should be forwarded through the common interveners of the representatives of
the presumed victims.
8