82.
On July 8, 2011, the Supreme Court of Justice resolved an application presented by
Vinicio Poblete Tapia in the following terms: “Let the petitioner know that the undersigned President
has no powers to hear the matter in question since he is unable to intervene in judicial proceedings
that have been concluded.”92
83.
On August 20, 2012, the Supreme Court of Justice resolved: “Regarding the
presentation made by Mr. Vinicio Poblete Tapia: Since this submission is a repetition of the previous
request in this case, please refer to the resolution on page 11.” 93
84.
On March 14, 2013, the Supreme Court of Justice resolved an application filed by
Vinicio Poblete Tapia in the following terms: “Let the petitioner know that the President of the
Supreme Court has no legal powers to hear, intervene in, or modify the resolution of judicial matters
that have been processed by the competent courts.” 94
85.
On January 8, 2015, the Supreme Court of Justice again resolved: “Let the petitioner
know that the President of the Supreme Court lacks the legal power to hear the matter in question
because the claims he makes have been heard and resolved by a competent Court, specifically by this
Court on August 14, 2014, and the order contained therein cannot be modified.” 95
86.
Other than these rulings by the Supreme Court of Justice, the Commission has no
information on the state of the criminal investigation after it was reopened.
4.2
Other proceedings
87.
The Commission is in possession of documents that appear to indicate the existence
of another case brought domestically against the Hospital Sótero del Río and its staff on January 13,
2006, during which two mediation hearings were held as described below.
88.
On April 4, 2006, the State Defense Council held a first mediation hearing as part of
the proceedings that began with the claim filed by Vinicio Marco Antonio Poblete Tapia against the
Sótero del Río Hospital and its staff on January 13, 2006. The hearing was attended by the applicant
and by Cesia Leyla Poblete Tapia and Jorge Fuentes Poblete, and by the attorney Hernán Pardo Roche
representing the hospital. According to the minutes, on that occasion Mr. Poblete stated that “the lack
of information can be summarized in three facts that he deemed most serious, to wit: the failure to
perform the incision in the described fashion, his release while still in a grave condition, and the
refusal to perform an autopsy. Finally, he claimed that Dr. Chacón treated the family inappropriately,
in way that he describes as humiliating.” However, the hearing did not take place because the
defendant physicians did not appear.96
89.
A second hearing on mediation was held on April 27, 2006, which was attended by
Leyla Poblete Tapia and the attorney María Francisca Jiménez for the family, and by the attorney
92
Annex 74. Supreme Court of Justice, resolution of July 8, 2011 (annex to the petitioners’ submission of July 18,
2011).
93 Annex 75. Supreme Court of Justice, resolution of August 20, 2012 (annex to the petitioners’ submission of
September 3, 2012).
94
10, 2013).
Annex 76. Supreme Court of Justice, resolution of March 14, 2013 (annex to the petitioners’ submission of April
95 Annex 77. Supreme Court of Justice, resolution of January 8, 2015 (annex to the petitioners’ submission of
February 14, 2015).
96 Annex 78. Mediation Unit of the State Defense Council, Minutes of First Mediation Hearing, April 4, 2006 (annex
to the petitioners’ submission of September 25, 2008).
16