[I]n his initial petition, the presumed victim only referred to the disciplinary sanction applied
to him for the academic paper he sent to the Supreme Court after completing the diploma
course in Human Rights and Democratization Processes at the Universidad of Chile. Based on
those facts, on July 21, 2014, the [Commission] declared the petition admissible to examine
the alleged violation of the rights of Daniel Urrutia recognized in Articles 8, 9, 13, and 25, in
relation to Articles 1(1) and 2 of that treaty. Following the adoption of the Admissibility
Report, the presumed victim referred to other disciplinary procedures brought against him in
the context of his judicial activities. As these were not admitted in the Admissibility Report
and are not sufficiently connected to the facts declared admissible, and as the [Commission]
does not have sufficient evidence about them, in this section the Commission will only address
the facts contained in the initial petition that were admitted by this Commission in its report
of July 21, 2014.18
42. Thus, the Commission included the facts mentioned in the section entitled “Other
disciplinary proceedings” among the facts described in the Merits Report. However, the Court
notes that the Commission did not examine whether these facts constituted a violation of the
American Convention because it considered, among other matters, that they were “not
sufficiently connected to the facts declared admissible.” Consequently, they were not
submitted to the consideration of this Court.19 Therefore, the Court will not examine them and
will not describe the arguments related to them.
A.2.b facts not included in the section “Other disciplinary proceedings” of the
Merits Report and included in the motions and pleadings brief
43. In their motions and pleadings brief, the representatives included as facts of this case
summary proceedings filed against the presumed victim in September 2007, September 2015,
December 2015, August 2016 and September 2016. They argued that “[t]his permanent
situation of persecution against Judge Urrutia Laubreaux, over the course of 14 years, has
resulted, today, in the disruption of his professional career within the Judiciary.” They argued,
as an example of this, that “in November 2018, Judge Urrutia Laubreaux presented his
candidature for the Judicial Academy’s course; passing this course allows successful
candidates to apply for vacant positions as an Appellate Court justice.” He was not selected
“owing to his final qualifying note of 6.2 out of 7.0, obtained in 2016, in the evaluation that
the Court of Santiago conducts each year – the same Court that has been persecuting Judge
Urrutia Laubreaux since 2006.”
44. This Court notes that these facts were not included in the Merits Report, and their
purpose is not to explain or clarify the facts contained in that document, but rather to present
a context of persecution against the presumed victim, which does not form part of the purpose
of this case. Consequently, the Court will not incorporate them into the analysis of the context
of this case.
A.2.c Facts reported to the Court by the representatives in briefs subsequent
to their motions and pleadings brief
In its Admissibility Report, the Commission indicated that “[a]ccording to the information provided by the
petitioner, the Commission considers that the complaint regarding the imposition of a disciplinary measure against
Judge Daniel Urrutia as a result of having sent the Supreme Court of Justice his ideas in an academic paper […] could
constitute, following an examination of the merits, a violation of [the] American Convention,” and concluded that it
was “competent to examine the claims submitted by the petitioner regarding the alleged violation of Articles 8, 9, 13
and 25 in relation to Articles 1(1) and 2 of the Convention and that they are admissible.” Admissibility Report No.
51/14 of July 21, 2014 (evidence file, folio 283).
18
Cf. Case of Villaseñor Velarde et al. v. Guatemala. Merits, reparations and costs. Judgment of February 5,
2019. Series C No. 374, para. 16.
19
11