REPORT No. 89/06 PETITION 619-03 ADMISSIBILITY ANICETO NORIN CATRIMAN and PASCUAL PICHUN PAILLALAO CHILE October 21, 2006 I. SUMMARY 1. On August 15, 2003 the Inter-American Commission on Human Rights (hereinafter “the Inter-American Commission” or “the IACHR”) received a complaint submitted by Aniceto Norín Catrimán and another complaint submitted by Pascual Huentequeo Pichún Paillalao (hereinafter “the alleged victims”) against the State of Chile (hereinafter “the State,” “Chile,” or “the Chilean State”), which alleged violation of Articles 8.1, 8.2 and 8.4 and Article 9 of the American Convention on Human Rights (hereinafter “the American Convention”) during their criminal trial which resulted in the conviction of both men for the crime of making terrorist threats. 2. Aniceto Norín Catrimán was represented in the complaint by attorneys Rodrigo Lillo Vera and Jaime Madariaga De la Barra (hereinafter “the petitioners”). 1 Regarding admissibility, the petitioners argue that the requirement to exhaust domestic remedies was fulfilled with the issuance of the final unappealable judgment in the trial. 3. The State disputed admissibility as it considers that, pursuant to Article 47.b and c of the American Convention, the complaint is unfounded in that it contains no facts that constitute a violation of the rights guaranteed in the American Convention. Therefore, the State asks the Commission to declare the complaint inadmissible. 4. Upon examining the petition in light of Articles 46 and 47 of the American Convention, as well as Articles 30 and 37 and its own Rules of Procedure, the Commission declares the petition admissible with regard to the alleged violations of Article 8 and 9, and in regard to the general obligations established in Articles 1.1 and 2 of the American Convention. The Commission has likewise decided to notify the parties and 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. Two petitions were submitted on August 15, 2003. The first was filed by Aniceto Norín Catrimán, represented by attorneys Jaime Madariaga De la Barra and Rodrigo Lillo Vera; the second by Pascual Huentequeo Pichún Paillalao, who in the submission indicated that he would name a representative before the IACHR at a later date. The petitions were registered at the Inter-American Commission and joined under number 619/03. The petitioners submitted additional information October 30 and December 22, 2003. Processing of the petition began on July 16, 2004 with the transmittal of the petition to the State, along with a request for observations within two months. 6. Pascual Pichún Paillalao and Segundo Aniceto Norín Catrimán requested precautionary measures from the IACHR on June 21, 2004 and July 12, 2004, respectively. After analyzing the requirements of Article 25 of its Rules of Procedures, the Inter-American Commission decided to deny both requests. 7. The State of Chile submitted its reply to the petition on November 29, 2004, which was transmitted to the petitioners on December 9, 2004 so that they could make observations within one month. On September 7, 2005 the petitioners submitted their observations, and on September 14, 2005 these observations were forwarded to the State. 1 In later submissions Rodrigo Lillo Vera, Jaime Madariaga De la Barra and Luis Rodríguez-Piñero assumed the representation of Aniceto Norín Catrimán and Pascual Huentequeo Pichún Paillalao 1