136. In June 2002, Víctor Ancalaf Llaupe was summoned to make a statement before the Concepción Court of Appeal. On July 5, 2002, he made a statement before that court. Indictment and confidentiality of the proceedings 137. On October 17, 2002 the investigating judge of the Concepción Court of Appeal issued an indictment against Víctor Manuel Ancalaf Llaupe and “issue[d] an arrest warrant against” him for the events that had occurred on September 29, 2001, and March 3 and 17, 2002. Mr. Ancalaf Llaupe was arrested on November 6, 2002, and entered the “El Manzano” Prison in Concepción. 138. On January 8, 2003, before the preliminary stage had concluded, Víctor Ancalaf Llaupe’s defense counsel asked to examine the case file. On the same date, the investigating judge denied this request considering that “at this time it is essential to keep the preliminary proceedings confidential to ensure the success of the investigation, because important steps remain pending.” On January 13, 2003, the defense counsel appealed that decision. On February 5, 2003, the Concepción Court of Appeal confirmed the decision denying examination of the file of the preliminary proceedings. 139. In a brief dated January 21, 2003, Karina Prado, Mr. Ancalaf Llaupe’s wife, requested his transfer to the Temuco prison, indicating, among other matters, that the duration and cost of transport to the prison where he was in Concepción “[…] entailed a physical and financial burden, because [they did] not have any income, as the family’s only support was provided by [her] husband working […] and both [she] and [her] children were in a critical financial situation.” On January 24 that year, the investigating judge of the Concepción Court of Appeal issued an order in which he denied the request indicating merely “[n]ot admissible at this time.” Mr. Ancalaf Llaupe was transferred to a prison nearer his home just one month before he had served his sentence.150 140. On April 17, 2003, the preliminary stage concluded. On April 24 that year the defense again asked to examine the case file and also requested Mr. Ancalaf Llaupe’s release on parole. That same day, the investigating judge of the Concepción Court of Appeal refused the request to examine the case file of the preliminary proceedings and, the following day, declared that release on parole was not admissible. On April 30, 2003, an appeal was filed against the decision refusing release on parole, but this was confirmed by the Concepción Court of Appeal by a decision of May 5, 2003. 141. On May 15, 2003, Mr. Ancalaf Llaupe reiterated his wife’s request (supra para. 139) for a transfer to the Temuco Detention Center, because his “family [was] experiencing a very difficult social and financial situation,” and if he was transferred he “could receive more frequent visits,” because the Temuco Prison was very near his place of residence. On the same day, the Head of the Concepción Detention Center forwarded this request to the Regional Director of the Chilean Prison Service, Bío Bío Region, Concepción, indicating that “there [were] no obstacles to the transfer of the inmate to the Temuco Prison, because […] he lives and has family support in that city.” The petition was denied by a decision of the investigating judge of the Concepción Court of Appeal of May 23, 2003, indicating that “for the time being the transfer request made by the prisoner is inadmissible.” 142. On May 23, 2003, the prosecutor of the First Prosecutor’s Office filed formal charges before the Concepción Court of Appeal against Mr. Ancalaf Llaupe “as perpetrator of the terrorist offenses committed on September 29, 2001, and March 3 and 17, 2002, established in article 2.4 of Law 18,314 in relation to article 1 of this law.” The indictment was notified to Mr. Ancalaf 150 In addition to the judicial case file of the domestic criminal proceedings against Víctor Manuel Ancalaf Llaupe see: Statement made by presumed victim Víctor Manuel Ancalaf Llaupe before the Inter-American Court during the public hearing held on May 29 and 30, 2013. 48