30
December 2, 1993, it was decided that the respective attorneys would be
permitted to consult the case file on December 9, 1993, for a period of 30
minutes, given “the abbreviated time period that the law allows for cases of
this kind.”67
86.49 On December 22, 1993, the defense attorneys for Mrs. Pincheira Sáez
and Mr. Mellado Saavedra filed a motion to dismiss for lack of military
jurisdiction.68
86.50 The criminal indictment in the case was handed down on January 2,
1994, charging Mrs. Pincheira Sáez and Mr. Mellado Saavedra with the crime
of treason.69
86.51 On January 5, 1994, the defense attorneys were summoned to view
the case file.
As ordered, they presented their defense arguments the
following day, January 6, and were told that day that the verdict would be
read on January 7 at 9:00 a.m.70
86.52 On January 7, 1994, the Judge of the FAP Special Military Court of
Inquiry rejected “the motion to dismiss for lack of jurisdiction” filed by Mrs.
Pincheira Sáez and Mr. Mellado Saavedra. Having found them guilty of “the
crime of treason,” the court sentenced them to “life imprisonment, with
absolute disqualification for life, confinement to their cells for the first year of
their incarceration, and then forced labor.”71
86.53 On January 7, 1994, the defendants and their respective attorneys
were notified of the verdict and the sentence of the court of first instance.
Their attorneys immediately filed an appeal, which was admitted and referred
to the higher court.72
86.54 The Military Superior Court Prosecutor’s opinion concurred with the
ruling of the court of first instance. Mrs. Pincheira Sáez and Mr. Mellado
Saavedra were notified of that report.73
67.
Cf. Brief of defense attorney Juan F. Castañeda Abarca, dated December 1, 1993, p. 677 f; brief
of defense attorney David P. Barrios Franco, dated December 1, 1993, p. 676, and decisions of the Special
Military Court of Inquiry of December 2, 1993, p. 676 v and 677 v; all from file No. 078 TP 93 ZJ FAP.
68.
Cf. Brief of defense attorney Juan F. Castañeda Abarca, dated December 22, 1993, p. 745 f; brief
of defense attorney David Barrios Franco, dated December 22, 1993, p. 746; decisions of the Special
Military Court of Inquiry of December 29, 1993, p. 745 and 746 vv.; all from file No. 078 TP 93 ZJ FAP.
69.
Cf. Criminal indictment, pp. 767, 769 and 770, and the ruling of the Special Military Court of
Inquiry, of January 4, 1994, p. 773, both from file No. 078 TP 93 ZJ FAP.
70.
Cf. Notification of January 5, 1994, pp. 752 and 758; brief of arguments by defense attorney
Juan F. Castañeda, pp. 795-796; brief of defense attorney David Barrios Franco, dated January 6,1994, p.
794; all from file No. 078 TP 93 ZJ FAP; the Commission’s final pleadings.
71.
Cf. Judgment of the Special Military Court of Inquiry, January 7, 1994, file No. 078 TP 93 ZJ FAP,
pp. 800-812.
72.
Cf. Notifications sent to the defense attorneys, p. 813 f, and the decision of the Special Military
Court of Inquiry, January 7, 1994, p. 815, both from file No. 078 TP 93 ZJ FAP, p. 813.
73.
Cf. Opinion of the Military Superior Court Prosecutor, file 078 TP 93 ZJ FAP, pp. 824-828.