that might exist in its files” concerning Mr. García Lucero’s detention. 91 The Foundation answered this request on November 28, 2011, but its reply was not sent to the 34th Court until December 13, 2011, after it had been sent elsewhere by error. 92 In note No. 234-2011, it advised: That, in the archives of the Committee on Cooperation for Peace in Chile (COPACHI) and, subsequently, of the Solidarity Vicariate, there is information that Leopoldo Guillermo García Lucero […] was detained in the UNCTAD building on October 7, 1973, and remained detained in the National Stadium (Chile Stadium), and in the Chacabuco detention camp. It also advised that Decree No. 637 of May 12, 1975, had ordered the “compulsory exile of the persons indicated, and the name of Leopoldo García Lucero was included on the list.” 93 85. On December 5, 2011, the Investigation Brigade reported on the measures taken, such as the request to the Archive Foundation of the Archbishop of Santiago (supra para. 84) and its own investigations that resulted in the identification of an individual who was presumably responsible, and who had been the commander of the Chacabuco concentration camp in 1973 and 1974. 94 86. On January 23, 2012, the Alternate Judge, Cheryl Fernández Albornoz, issued a decision “asking [the Investigation Brigade] to provide information […] on the court order to investigate” that she had issued on November 9, 2011 (supra para. 83). 95 87. On February 9, 2012, Mr. Ricardi, the lawyer who had filed the complaint, asked the 34th Court to take the following measures: (1) summon a person possibly responsible to testify; (2) send an official note to the Documentation and Archives Foundation of the Archbishopric of Santiago asking it to send the 34th Court “the complete documentation relating to [Mr.] García Lucero, and (3) “send an official note to the General Secretariat of the Presidency of the Republic asking it to forward […] to the [34th Court a]ll the information on [Mr.] García Lucero in the hands of the National Truth and Reconciliation Commission.” 96 On February 15, 2012 the Judge carried out the first request; that is she summoned the person named as presumably responsible for the facts (supra para. 85) to testify on February 28, 2012, by mail and on pain of arrest. Regarding the other petitions, she decided that “they are not in order at this time.” 97 88. On March 13, 2012, Mr. Ricardi requested authorization to act as unofficial agent for Leopoldo García Lucero, because the latter “was temporarily unable to act in the 91 Cf. Note No. 2756 of November 23, 2011 addressed to the Documentation and Archives Foundation of the Archbishopric of Santiago, signed by the Head of the Brigade for the Investigation of Crimes against Human Rights, Sub-prefect Tomás Vivanco Fuentes (file of annexes to the answering brief, annex 9, f. 2774). 92 Cf. Note No. 234-2011 of December 13, 2011, from Alejandro Madrid Croharé, Special Examining Judge to the 34th Court (file of annexes to the answering brief, annex 9, f. 2772). 93 Letter of November 28, 2011, from María Paz Vergara Low, supra. See, as regards the date of Mr. García Lucero’s arrest, supra footnote 48. 94 Cf. Report of the Investigation Brigade of December 5, 2011, addressed to the 34th Court (file of annexes to the answering brief, annex 9, fs. 2780 to 2783). 95 Cf. Order of January 23, 2012, of Cheryl Fernández Albornoz, Alternate Judge of the 34th Court (file of annexes to the answering brief, annex 9, f. 2784). 96 Cf. Brief of February 9, 2012, of the lawyer José Antonio Ricardi Romero of the Public Legal Assistance Service to the 34th Court (annexes to the final written arguments of the State, annex 3, f. 1164). 97 Cf. Decision of February 15, 2012 of Cheryl Fernández Albornoz, Alternate Judge of the 34th Court (annexes to the final written arguments of the State, annex 3, f. 1165). 29

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