211. On that same day and on March 19, 2003, the full Court of Appeals of Temuco appointed Judge Lenin Lillo240 to conduct an extraordinary visit to the criminal court of Villarrica where Ms. Atala was serving as a judge. It was stated that the visit “respond[ed] to two basic facts: one, the publications that appeared in the newspapers Las Últimas Noticias […] and La Cuarta […] which mentioned the fact that [Ms.] Atala was a lesbian”241 and the other concerned the facts described in the complaint filed on March 17, 2003. 212. After the visit to the Court where Ms. Atala served as a judge, Mr. Lillo filed a report before the Court of Appeals of Temuco,242 making reference to three alleged irregularities, namely: i) “use of resources and employees to comply with proceedings ordered by the Judge […] of the Juvenile Court;” ii) “improper use of the court’s seal,” and iii) “publications made in the press.” Regarding the first point, he described the facts reported by the President of the Committee of Judges and concluded that said facts “were, in the opinion of [that] visitor especially serious given that Ms. […] Atala […], making use of resources and employees of the Court of which she forms part, has become directly involved in complying with actions ordered in the trial that is taking place in the Juvenile Court.” Regarding the second point, Mr. Lillo stated that “it was especially serious because Judge Karen Atala had overstepped her powers by using elements of the Court that are under the responsibility of third parties in order to favor people related to her circle of friends.” 213. Finally, Mr. Lillo referred to the publications made in the newspapers “Las Últimas Noticias” and “La Cuarta”, informing the public of the custody suit and referring to Ms. Atala’s “lesbian relationship.” 214. Referring to these matters in his report, Mr. Lillo concluded that: This visitor is not inclined to issue value judgments regarding the sexual inclination of Judge Atala. However, it is impossible to sidestep the fact that her peculiar emotional relationship has transcended the private sphere with the appearance of the above-mentioned publications, which clearly damages the image of both Ms. Atala and the Judiciary. All the foregoing takes on a seriousness that merits the notice of the Ilmo Court243. 215. On April 2, 2003, the Court of Appeals of Temuco approved the visit carried out by Mr. Lillo and filed charges against Ms. Atala244. Subsequently, on May 9, 2003 the Court of Appeals issued “a severe warning for the use of resources and staff to comply with proceedings ordered by the Judge of the Juvenile Court […] in a case in which she is one of the parties to the dispute” 245. 240 Report prepared by the Minister Lenin Lillo of the Court of Appeals of Temuco of April 2, 2003 (record on merits, volume XII, page 5927). 241 Report prepared by the Minister Lenin Lillo of the Court of Appeals of Temuco of April 2, 2003 (record on merits, volume XII, page 5927). 242 Report prepared by the Minister Lenin Lillo of the Court of Appeals of Temuco of April 2, 2003 (record on merits, volume XII, pages 5927 to 5934). 243 Report prepared by Minister Lenin Lillo of the Court of Appeals of Temuco, April 2, 2003 (record of merits, volume XII, page 5934). 244 The Court of Appeals of Temuco stated that it “approved the visit carried out by Judge Lenin Lillo […] and charges are filed against Ms. Karen Atala Riffo on the three counts mentioned in the report by the visitor.” Decision of the Court of Appeals of Temuco, April 2, 2003 (record of merits, volume XII, page 5935). 245 Ruling of the Court of Appeals of Temuco, May 9, 2003 (record of merits, volume XII, page 5937). 66

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