22. According to the State, the indictment of Víctor Ancalaf was dated March 19, 2002 and its purpose, within the framework of current legal and constitutional standards, was to initiate a court proceeding intended to investigate serious actions constituting crimes that occurred on September 29, 2001 and March 3 and 17, 2002. 23. The State asserts that the petitioners’ brief indicates that the lower court decision was issued on November 30, 2003. This decision was appealed and the higher court decision modified the earlier decision in the sense that it reduced the sentence to five years and one day. Subsequently, the defense filed an appeal for reversal with the Supreme Court that was ruled inadmissible on August 2, 2004. The complainants filed a complaint appeal on November 22, 2004, which was rejected and with which the domestic remedies were exhausted. 11 24. The State stipulates that these same petitioners recognize that the domestic remedies were exhausted with the appeal dated November 22, 2004, and the decision became final in accordance with Article 46 of the American Convention. According to the State, this deadline ran out on May 22, 2005, and the petition is thus inadmissible because, according to the State, the Executive Secretariat of the Inter-American Commission informed it of the petition on August 12, 2005, that is, beyond the deadline established in Articles 46.1.b and 47.a of the Convention and Article 32.1 of the Rules of Procedure of the Commission. 25. In its response to the communication sent by the Commission, the State makes reference to the 69 Mapuche who signed the complaint. In this regard, the State of Chile stipulates that the series of facts reported and that allegedly constituted violations of the American Convention refer solely to the indictment, prosecution and conviction of Mr. Víctor Ancalaf Llaupe for the offense of terrorism. The State argues that the complaint does not detail specific facts regarding the 69 Mapuche leaders that constitute violations of the Convention attributable to the State. 26. According to the State, the complaint submitted indicates that the 69 Mapuche leaders who signed the complaint do so “due to the repeated application of antiterrorist legislation against Mapuches, which constitutes a situation of threat affecting all of them.” 12 In this respect, the State indicates that it is not sufficient for purposes of the Inter-American Commission’s jurisdiction in a complaint or claim that there be a fear of possible or probable threats due to a specific situation. As a result, the complaint with respect to the 69 Mapuche leaders, separate from Víctor Manuel Ancalaf Llaupe, is inadmissible and without foundation, in view of the provisions of Article 47.b of the Convention and Article 32 of the Commission’s Rules of Procedure. 27. The State reiterates that any communication must always have a victim, in that the Commission cannot rule in the abstract on a law or administrative situation in a State Party to the American Convention. In the current petition, according to the State, the only alleged victim individually identified is Mr. Víctor Manuel Ancalaf Llaupe.13 28. In addition, the State asserts that Court precedents in this regard have stated that in order to initiate the “procedures set forth in Articles 48 and 50 of the American Convention…it is essential that the Commission receive a communication or petition alleging a concrete violation of the human rights of a specific individual.”14 11 State’s brief dated November 2, 2005. 12 Petitioners’ brief dated May 20, 2005, cited in the State’s brief dated November 22, 2005. 13 “Any communication must always have a victim, because the Commission cannot use this procedure to rule in the abstract regarding a law or administrative practice.” Medina Quiroga Cecilia et al. Manual de Derecho Internacional de los Derechos Humanos, para Defensores Penales Públicos. Part I. Chile, 2003, page 56. Cited by the State in its brief dated November 22, 2005. 14 I/A Court H.R., Advisory Opinion OC-14-94. Cited in the State’s brief dated November 22, 2005. 5