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

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