a)
Annulled the part of the Judgment of December 30, 2003, that sentenced Mr.
Ancalaf Llaupe to ten years and one day of medium-level rigorous imprisonment, as
perpetrator of the terrorist offenses committed on September 29, 2001, and March 3,
2002, and, instead, acquitted him “of the said charges made in the indictment,” and
b)
Confirmed the conviction of Mr. Ancalaf Llaupe “only as perpetrator of the
terrorist offense established in article 2.4 of Law 18,314 in relation to article 1 of this
law, committed on March 17, 2002,” and sentenced him to the punishment of five
years and one day of minimum-level rigorous imprisonment,” and to the other ancillary
penalties established in the first instance judgment (supra para. 144).
148. Regarding the ancillary penalties, it should be mentioned that the State provided, as part
of the helpful evidence, a report issued by the Regional Director of the Chilean Prison Service,
Araucanía Region, which contains a table describing the ancillary penalties imposed on the
presumed victims in this case. In this table, Víctor Manuel Ancalaf Llaupe appears without
ancillary penalties. This does not concur with the judgments or with the statement made by Mr.
Ancalaf Llaupe during the public hearing held before the Inter-American Court on May 29, 2013,
in which he stated as follows: “For example, I will never be able to hold public office; I have not
been able to exercise the civil right to head any board in any company, or […] to assume
positions in any municipality or in any other State entity.” He also testified that he is unable to
vote (“even though one would like to take part in the elections, one cannot do this either”).153
Therefore, the Court understands that the judgment of the Concepción Court of Appeal
confirmed the ancillary penalties established in the first instance judgment (supra paras. 144
and 147 in fine).
149. Regarding terrorist intent, the sentence convicting Mr. Ancalaf Llaupe was founded on
the legal presumption of intent to instill fear in the general population. Although the wording of
the decisions issued by the investigating judge of the Concepción Court of Appeal, in first
instance, and by the Concepción Court of Appeal, in second instance, does not appear to
indicate expressly that the presumption of terrorist intent has been applied, it can be inferred
from the references to article 1 of Law No. 18,314 and the context in which that provision was
adopted, that the subjective element of terrorism was presumed owing to the means used to
commit the act.
c) The remedies of cassation and complaint before the Supreme Court
of Justice
150. On June 22, 2004, Mr. Ancalaf Llaupe’s defense filed “an appeal for annulment” against
the judgment delivered by the Third Chamber of the Supreme Court of Justice on June 4, 2004
(supra para. 147).154 On August 2, 2004, the Second Chamber of that court declared the appeal
for annulment inadmissible, concluding that it was “inadmissible pursuant to the reference
made in article 10 of Law 18,314 to article 27(j) of Law 12,927, in force at the time of the
proceedings [held against Mr. Ancalaf Llaupe], pursuant to the provisions of the transitory
article of Law 19806.”
153
Cf. Note of the Regional Director of the Chilean Prison Service, Araucanía Region addressed to the Deputy Technical
Director of the National Directorate, forwarding the procedural and prison records (pre-trial detention, total time of the
sentence and ancillary penalties) of the presumed victims in this case (file of helpful evidence presented by the State, folios
1376 to 1381), and statement made the presumed victim Víctor Manuel Ancalaf Llaupe before the Inter-American Court
during the public hearing held on May 29 and 30, 2013.
154
In the appeal, Mr. Ancalaf Llaupe’s defense affirmed that “the judgment appealed contain[ed] errors of law,”
because, “[i]n violation of the norms that regulate evidence, it ha[d] determined the supposed participation of [Mr.] Ancalaf
Llaupe in the wrongful acts committed, in circumstances in which he played no part in them, and […] also in violation of the
norms that regulate evidence, an ordinary offense was classified, with full awareness, as a special offense, with a harsher
punishment and subject to special proceedings that were more restrictive to the rights of the defense.”
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