American Convention, in relation to Article 1(1) of this instrument, to the detriment of Segundo Aniceto Norín Catrimán, Pascual Huentequeo Pichún Paillalao, Juan Patricio Marileo Saravia, Florencio Jaime Marileo Saravia, José Benicio Huenchunao Mariñán, Juan Ciriaco Millacheo Licán, Patricia Roxana Troncoso Robles and Víctor Manuel Ancalaf Llaupe. B) Right of the defense to examine witnesses (Article 8(2)(f) of the Convention) in relation to the criminal proceedings against Messrs. Norín Catrimán, Pichún Paillalao and Ancalaf Llaupe 1. Pertinent facts 231. In the criminal proceedings against Messrs. Norín Catrimán, Pichún Paillalao and Ancalaf Llaupe the identity of certain witnesses was kept secret. a. Proceedings against Messrs. Norín Catrimán and Pichún Paillalao 232. In the proceedings against Messrs. Norín Catrimán and Pichún Paillalao, the Traiguén guarantees judge, at the request of the Public Prosecution Service, ordered that the identity of two witnesses be kept secret and prohibited taking photographs of them or recording their image by any other means,256 based on articles 307 and 308 of the Criminal Procedural Code and articles 15 and 16 of Law No. 18,314. a) The 2000 Criminal Procedural Code establishes the obligation of the witness to identify himself and provide all his personal data,257 except when the “public indication of his address could entail danger for [him] or another person,” in which case “the President of the chamber or the judge, as applicable, may authorize the witness not to answer this question.” Moreover, if the witness avails himself of this right, “the disclosure, in any form, of his identity or information that would lead to this, shall be prohibited,” and this shall be ordered by the court (Article 307). Also, the Code stipulates that the court may order “special measures designed to protect the safety of the witness who requests this” in “specific serious cases,” which “may be renewed as often as necessary” and, similarly, establishes that “the Public Prosecution Service, ex officio or at the request of the interested party, shall adopt any measures required in order to provide the witness, before or after he has given his testimony, with appropriate protection” (Article 308). b) Article 15 of Law No. 18,314 contains norms that supplement “the general rules on witness protection of the Criminal Procedural Code.”258 They establish that “if, during the investigation stage, the Public Prosecution Service considers that, owing to the circumstances of the case, there is a real risk to the life or physical integrity of a witness or an expert witness” or of certain individuals to whom such persons are related by blood or marriage, or through ties of affection, “it shall order, ex officio or at the request of the interested party, any special measures of protection that are required […] to protect the identity of those who intervene in the proceedings, their home, profession and place of 256 Cf. Application by the Public Prosecution Service, Traiguén local prosecutor, of September 2, 2002, addressed to the Traiguén guarantees judge, requesting, among other matters, “[t]hat no mention is made in the investigation files of the first name, last name, profession or trade, place of work, or any other information that could serve to identify the witnessed who appear in the investigation as ‘Witness No.1 RUC 83503-6 and ‘Witness No.2 RUC 83503-6,�� using these codes as a mechanism to verify their identity and eliminating their personal data from the said records,” and Decision issued on September 3, 2002, by the Traiguén guarantees judge (file of annexes to the Merits Report 176/10, appendix 1, folios 4422 to 4424). 257 Article 307 of the Criminal Procedural Code establishes that: “[t]he statement of the witness shall commence be indicating his personal information, especially his first names, last names, age, place of birth, civil status, profession, trade or employment, and residence or domicile […].” 258 Article 15 of Law No. 18,314 establishes that: “[n]otwithstanding the general rules on witness protection of the Criminal Procedural Code […].” 82

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