3. The lack of impartiality of the judges who heard the criminal proceedings
of the victims in this case
33.
The eight victims in this case before the Inter-American Court were convicted in
the domestic sphere as perpetrators of terrorist offenses in application of Law 18,314
that “[d]efines terrorist acts and establishes the punishments” ( known as the “Counterterrorism Act”). This case involves three criminal trials for events that occurred in 2001
and 2002 in Chile’s Regions VIII and IX. None of the events for which they were tried
harmed anyone’s physical integrity or life. In summary, the result of these criminal
proceedings was:
a)
Lonkos Segundo Aniceto Norín Catrimán and Pascual Huentequeo Pichún
Paillalao were convicted – in a trial held after a previous trial in which they had
been acquitted had been declared null and void – by the Angol Oral Criminal Trial
Court in a judgment of September 27, 2003, as perpetrators of the offense of
threat of terrorist arson.44 In a judgment of December 15, 2003, the Second
Chamber of the Supreme Court of Justice denied the appeals for annulment that
had been filed;45
b)
Juan Ciriaco Millacheo Lican, Florencio Jaime Marileo Saravia, José Benicio
Huenchunao Mariñán, Juan Patricio Marileo Saravia and Patricia Roxana Troncoso
Robles were convicted by the Angol Oral Criminal Trial Court in a judgment of
August 22, 2004, as perpetrators of the offense of terrorist arson.46 In a judgment
of October 13, 2004, the Temuco Court of Appeal denied the appeals for
annulment that had been filed,47 and
c)
Víctor Manuel Ancalaf Llaupe was convicted by the investigating judge of
the Concepción Court of Appeal in a judgment of December 30, 2003, of three
criminal acts as perpetrator of the terrorist act consisting in to “[t]o place, send,
activate, throw, detonate, or fire bombs or explosive or incendiary devices of any
type, weapons or devices of great destructive power, or with toxic, corrosive or
infectious effects” (article 2.4 of Law 18,314).48 On June 4, 2004, the Concepción
Court of Appeal issued judgment in second instance, partially revoking the
judgment; acquitting Mr. Ancalaf of two of the criminal acts, and confirming the
conviction with the regard to one criminal act.49
34.
As the Court has indicated in this Judgment, at the actual stage of the evolution of
international law, the fundamental principle of equality and non-discrimination has
44
Cf. Judgment delivered by the Angol Oral Criminal Trial Court on September 27, 2003 (file of
annexes to the Merits Report of the Commission 176/10, Annex 15, folios 509 to 554).
45
Cf. Judgment delivered by the Second Chamber of the Supreme Court of Justice of Chile on
December 15, 2003 (file of annexes to the Merits Report of the Commission 176/10, Appendix 1, folios 58 to
68).
46
Cf. Judgment delivered by the Angol Oral Criminal Trial Court on August 22, 2004 (file of annexes
to the Merits Report 176/10 of the Commission, Annex 18, folios 608 to 687).
47
Cf. Judgment delivered by the Temuco Court of Appeal on October 13, 2004 (file of annexes to the
Merits Report of the Commission 176/10 of the Commission, Annex 19, folios 689 to 716).
48
Cf. Judgment delivered by the investigating judge of the Concepción Court of Appeal on December
30, 2003 (file of annexes to the Merits Report of the Commission 176/10 of the Commission, Annex 20,
folios 718 to 759).
49
Cf. Judgment delivered by the Concepción Court of Appeal on June 4, 2004 (file of annexes to the
CEJIL brief with motions, arguments and evidence, annex A.6, folios 1723 to 1733).
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