27. They report that they also sought relief before the Supreme
Court of Justice but only received a March 6, 2008 communication from
the President of the Court stating that he does not have the authority to
intervene in proceedings underway in other courts of the Republic, and
that the filing of appeals is the appropriate way to complain against
judicial decisions that the parties consider unfavorable to their interests.
The petitioners maintain that they attempted to reach other national
authorities, including presidents of the Republic and ministers of health.
29. The petitioners state that the entire family depended upon
the alleged victim for a living, especially one of his children, who suffers
from a physical disability.6 They say that the State was indifferent to
their repeated requests for help from the Government to maintain the
alleged victim’s disabled son, and that they have suffered from hunger
and need. In July 2005 they reported to the Commission that Mr. Vinicio
Poblete Tapia, son of the alleged victim, and petitioner in the instant
case, was diagnosed with renal cancer. They claim that they have been
forced to beg in order to buy medicine and food and that they were even
forced to sell essential belongings, including a wheelchair, leaving their
brother confined to a bed. They further claim that they have not been
able to hire a lawyer in their state of indigence, and as proof they have
attached reports of a social worker and a priest. They say that the legal
aid they have received has been free of charge.
29. The petitioners claim to have the victims of humiliation on
the part of judicial and hospital authorities, because they are “humble
people.” In particular, they have reported to the Commission that they
received threats from the personnel of the court and were constantly
harassed in their struggle for justice, to the point that they fear to seek
relief in the court.
30. The petitioners informed the Commission that they had received
an apology from the director of the Servicio de Salud Metropolitano Sur
Oriente [Southeastern Metropolitan Health Services), Dr. Pedro Yáñez
Alvarado, under which the Sótero del Río Hospital operates, but they
claim that justice has not been served in their country. They request
that the Government of Chile be held responsible “for the lack of interest
in investigating the homicide of an impoverished Chilean.”
6 The petitioners have attached documentation indicating that Gonzalo Poblete Tapia,
born on January 10, 1976, has brain damage and is physically an invalid as a result of
a chronic ailment of his spine, which has deformed his body. In addition, Gonzalo
Poblete does not master verbal or written language, his limitations prevent him from
communicating and from mobility, he has no sphincter control and has no schooling
because of his state of health.
8