homicide” of his father, and requested a joinder of the case with the
prior one in the same court, and for the same facts. The cases were
joined on February 9, 2006. The petitioners allege that the investigation
was closed on December 11, 2006, its dismissal without prejudice
decided by the court in spite of the fact that the procedures requested
by them, and so ordered by the same court, had not been carried out,
such as the reception of testimony of the medical personnel that treated
his father in the hospital. They contend that some of the witnesses they
offered came of their own accord to the court but their statement was
not taken. Therefore, on January 29, 2007, they requested that the case
be re-opened and several procedures be carried out.
24. On February 27, 2007, the case was reopened and on April
17 of that year the court ordered that it be returned to the stage of
preliminary inquiry and that several procedures be carried out. On June
30, 2008, a dismissal without prejudice was again decided, until such
time as new and better data from investigation should be obtained. The
petitioners state that several of the physicians that did not appear to
submit their testimony continue to work at the hospital, and no
procedures have been executed to find them there. On August 4, 2008,
the case was reopened again at the request of the petitioners.
25. They maintain that the judicial system delayed the case and
later closed it without those responsible being punished, and hence the
case’s result was one of impunity. They contend that they have not been
heard either appropriately or in a timely manner, and that despite the
passing of months the procedures requested by them to clarify the facts
of the case have not been carried out. It is the petitioner’s opinion that
the judicial authorities were covering up for the physicians who attended
the alleged victim, and that therefore they are victims of a denial of
justice. They state, in addition, that they were humiliated and
intimidated at the court when they appeared before it to seek justice.
26. The petitioners report that, after a complaint was filed on
January 13, 2006 by Vinicio Poblete Tapia against the Sótero del Río
Hospital, a mediation hearing was held on April 4, 2006 in the mediation
unit of the Consejo de Defensa del Estado [Council for the Defense of
the State]. The hearing was attended by the petitioners and the
hospital’s lawyer, but it was postponed until further facts were gathered,
in particular with the physicians involved also attending, and with Mr.
Poblete Vilches’ medical record. The Commission has no knowledge of
any follow-up hearing having been held.
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