VII FACTS A. Judge Urrutia Laubreaux and the academic paper sent to the Supreme Court of Justice of Chile 57. Daniel David Urrutia Laubreaux began his judicial career as a supervisory judge in the city of Freirina on June 15, 2001. On January 17, 2003, he was promoted to supervisory judge in the city of Ovalle and on December 20, 2004, he occupied the same position in the city of Coquimbo.26 On May 21, 2006, he was appointed judge of the Seventh Supervisory Court in the city of Santiago, a position that he occupies currently.27 58. On April 8, 2004, the Supreme Court of Justice authorized the presumed victim to attend the diploma course in “Human rights and democratization processes” 28 organized by the Human Rights Center of the Law Faculty at the Universidad of Chile and the International Center for Transitional Justice.29 On November 30, 2004, the presumed victim advised the Supreme Court that he had completed the course successfully and forwarded his final report for the course entitled “Proposed public policy to introduce a human rights approach into the work of the Chilean Judiciary,” so that it could be “made available to the plenum for the purposes deemed pertinent.”30 The report proposed that the Judiciary should adopt a human rights approach, and included a series of criticisms about its functioning, especially with regard to its role during the Chilean military regime. The academic paper proposed that the Judiciary adopt certain measures of reparation owing to the responsibility that this institution had had in the human rights violations that occurred during the Chilean military regime, including public recognition of its responsibility based on the conclusions reached by the Truth and Reconciliation Commission.31 B. The disciplinary proceedings brought against Judge Urrutia Laubreaux 59. On December 22, 2004, the Secretary of the Supreme Court of Justice forwarded the academic paper written by Mr. Urrutia Laubreaux to the Appellate Court of La Serena.32 60. On December 27, 2004, the Secretary of the Supreme Court of Justice of Chile informed Judge Urrutia Laubreaux that “as ordered by the Plenum of this Court, he returned, attached, the so-called ‘final report’ that had been sent […], because it was considered that the said report contained views that this Court finds inadequate and unacceptable.”33 Cf. Administrative Division of the Judiciary, Human Resources Department. Personnel record of Daniel David Urrutia Laubreaux (evidence file, folio 890). 26 Cf. Administrative Division of the Judiciary, Human Resources Department. Personnel record of Daniel David Urrutia Laubreaux (evidence file, folio 890). 27 28 Cf. Decision of the Supreme Court of Justice of Chile of April 8, 2004 (evidence file, folios 338 to 340). 29 Cf. Letter to the President of the Supreme Court of Justice of Chile signed by Daniel David Urrutia Laubreaux dated November 30, 2004 (evidence file, folio 6). Cf. Letter to the President of the Supreme Court of Justice of Chile signed by Daniel David Urrutia Laubreaux dated November 30, 2004 (evidence file, folio 6). 30 Cf. Academic paper written by Mr. Urrutia, entitled “Propuesta de Política Pública de Introducción del Enfoque de Derechos Humanos en el trabajo del Poder Judicial of Chile” [Proposed public policy to introduce a human rights approach into the work of the Chilean Judiciary], of September 2004” (evidence file, folios 8 to 22). 31 Letter signed by the Secretary of the Supreme Court of Justice of Chile of December 22, 2004 (evidence file, folio 24). 32 Letter signed by the Secretary of the Supreme Court of Justice of Chile of December 27, 2004 (evidence file, folio 26). 33 14