31
Section 5 - Any individual subject to this decree law who is not present in the territory of
the Republic shall abide by the provisions of Section 3 of Decree Law No. 81 of 1973, to
enter the country.
c) Events subsequent to August 21, 1990
i)
Domestic judicial proceedings
82(11) On November 4, 1992 Mrs. Gómez-Olivares, through her representative,
brought criminal charges before the First Criminal Court of Rancagua and requested
the reopening of case No. 40.184.45 Based on the foregoing, the Court set aside the
temporary dismissal of the case46 (supra para. 82(9)), and received the testimony of
Manuel Segundo Castro-Osorio47 and Raúl Hernán Neveu-Cortesi,48 allegedly
responsible for the death of Mr. Almonacid.
82(12) Through the resolutions of February 349 and June 3, 1993,50 and April 5,
1994,51 the First Criminal Court of Rancagua found it had no jurisdiction to decide on
the case and ordered that the proceedings be transferred to the Military and Police
Prosecutor’s Office of San Fernando. In view of these resolutions, Mrs. GómezOlivares, through her representative, filed motions for reconsideration and appeal on
February 952 and June 5, 1993,53 and April 8, 1994,54 respectively. The First Criminal
Court of Rancagua overruled the motion for reconsideration through the resolutions
45
Cf. Criminal charges brought by Elvira del Rosario Gómez-Olivares on November 4, 1992, (record
of appendixes to the State’s final written arguments, Appendix 1, folios 1694 to 1696).
46
Cf. Resolution of the First Criminal Court of Rancagua of November 5, 1992, (record of
appendixes to the State’s final written arguments, Appendix 1, folio 1697).
47
Cf. Testimony of Castro-Osorio of November 18, 1992 before the First Criminal Court of
Rancagua, (record of appendixes to the State’s final written arguments, Appendix 1, folios 1698 to 1700).
48
Cf. Testimony of Neveu-Cortesi of January 12, 1993 before the First Criminal Court of Rancagua,
(record of appendixes to the State’s final written arguments, Appendix 1, folio 1707).
49
Cf. Resolution of the First Criminal Court of Rancagua of February 3, 1993, (record of appendixes
to the State’s final written arguments, Appendix 1, folio 1711).
50
Cf. Resolution of the First Criminal Court of Rancagua of June 3, 1993, (record of appendixes to
the State’s final written arguments, Appendix 1, folio 1740).
51
Cf. Resolution of the First Criminal Court of Rancagua of April 5, 1994, (record of appendixes to
the State’s final written arguments, Appendix 1, folio 1774).
52
Cf. Motions for reconsideration and appeal filed by the representative of Mrs. Gómez-Olivares on
February 9, 1993, (record of appendixes to the State’s final written arguments, Appendix 1, folios 1718
and 1719).
53
Cf. Motions for reconsideration and appeal filed by the representative of Mrs. Gómez-Olivares on
June 5, 1993, (record of appendixes to the State’s final written arguments, Appendix 1, folios 1741 and
1742).
54
Cf. Motions for reconsideration and appeal filed by the representative of Mrs. Gómez-Olivares on
April 8, 1994, (record of appendixes to the State’s final written arguments, Appendix 1, folios 1777 and
1778).
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