60. On July 19, 2005, the First Civil Court sent the proceedings to the Legal Medical Service “for it to report on the medical responsibility incurred by the attending medical staff.” 51 61. On September 15, 2005, the First Civil Court again ordered the proceedings sent to the Court of Appeal of San Miguel,52 which resolved, on November 21, 2005, that “since the circumstances provided for in Articles 559 and 560 of the Organic Courts Code are not found in the case at hand,53 the court resolves not to admit the appointment of the Special Visiting Magistrate to deal with the aforesaid orders. Without prejudice to that resolution, the judge of the First Civil Court of Puente Alto shall give preferential attention to the processing of this case and shall report to this court on its progress every two weeks”; and, with that, the Appeals Court returned the proceedings to the First Civil Court.54 62. On October 7, 2005, Vinicio Marco Antonio Poblete Tapia lodged another complaint with the First Civil Court against persons unknown for the crime of culpable homicide committed with respect to Vinicio Antonio Poblete Vilches.55 63. On that occasion, Mr. Vinicio Marco Antonio Poblete Tapia requested the following formalities: (i) “that I be summoned to ratify the (…) complaint”; (ii) “that an order to investigate be served on the 5th Department of the Chilean Investigations Police”; (iii) that Nolberto de Jesús Soto Gajardo, Rosa Gazmuri M., Cecilia Caniqueo Ralil, and Sandra Catillo Montufar be summoned as witnesses; (iv) that Drs. Garrido, Ximena Echeverría Pezoa, María Chacón Fernández, Anuch, Lorna Luco, Gonzalo Menchaca, and Luis Carvajal Freire be summoned to give statements and to undergo confrontations; “that an order be served on the Sótero del Río Hospital, for it to (…) present (…) the complete medical records of (…) Vinicio Antonio Poblete Vilches”; (v) “that an order be given for the exhumation of the body” of Mr. Poblete Vilches, “in order to conduct an autopsy to determine the real cause of his death”; and (vi) that this complaint be combined with proceedings No. 75.821. 56 64. On March 3, 2006, Marcelo Adán Garrido gave a statement to the First Civil Court 57 and, on March 7, 2006, María Carolina Chacón Fernández gave her statement. 58 On April 6, 2006, Vinicio Marco Antonio Poblete Tapia gave his statement. 59 51 Annex 38. First Civil Court, document No. 1363 of July 19, 2005, addressed to the Legal Medical Service (annex to the State’s submission of September 23, 2008); and Annex 39. First Civil Court, order of July 11, 2005 (annex to the State’s submission of September 23, 2008). 52 2008). Annex 40. First Civil Court, order of September 15, 2005 (annex to the State’s submission of September 23, 53 Article 559 of the Organic Courts Code, in force at the time of the facts, provides that “the Superior Courts of Justice shall order special visits by one of their magistrates to the courts within their territorial jurisdiction whenever so required for the better provision of judicial services.” In turn, Article 560 provides that “in particular, the court shall order such visits in the following cases: (1) When they involve civil matters that could affect international relations and are of the competence of the law courts; (2) When they involve the investigation of facts or the examination of crimes that fall under the jurisdiction of the military courts and that could affect international relations or cause public alarm, and that demand prompt settlement because of their seriousness and harmful consequences; and (3) Whenever necessary to investigate facts that could affect the actions of judges in the exercise of their functions and when there has been a notorious delay in the processing of the matters placed before those judges.” Available at: http://www.leychile.cl/Navegar?idNorma=25563&r=1. 54 Annex 41. Court of Appeal of San Miguel, Document No. 2809-05 of December 7, 2005, addressed to the First Civil Court (annex to the State’s submission of September 23, 2008). 55 Annex 7. Complaint filed with the First Civil Court by Vinicio Marco Antonio Poblete Tapia on October 7, 2005 (annex to the State’s submission of September 23, 2008). 56 Annex 7. Complaint filed with the First Civil Court by Vinicio Marco Antonio Poblete Tapia on October 7, 2005 (annex to the State’s submission of September 23, 2008). 57 Annex 2. Statement given to the First Civil Court by Marcelo Adán Garrido on March 3, 2006 (annex to the State’s submission of September 23, 2008). 58 Annex 42. Statement given to the First Civil Court by María Carolina Chacón Fernández on March 7, 2006 (annex to the State’s submission of September 23, 2008). 12