they both complain about the following aspects: (a) violation of constitutional guarantees and
international treaties; (b) certain formal errors they believe they see in the judgment; (c) they
disagree that the facts that were considered proved constitute the offense of threats, and (d)
that these threats are not of a terrorist nature.” It concluded that none of the foregoing was
substantiated; hence, it could not be admitted. It added that “the evidence provided in the
hearing on the appeals had no procedural significance that could change the decision.”
Consequently, it rejected the appeals and declared that the appealed judgment “is not
annulled.”
278. There is no evidence that, in any part of its verdict, the Second Chamber examined the
facts of the case or the legal considerations regarding the definition of the offense to verify that
the statements on which the appealed judgment was founded were based on convincing
evidence and on correct legal analysis. It merely sought to analyze the internal coherence of
the judgment, indicating that:
[…] The statements analyzed above were made by individuals linked directly to the facts or who knew
about them for different reasons, and whose testimony is consistent with the expert opinions and
documentary evidence incorporated during the hearing that constitute the background information and
that, taken as a whole and freely assessed, lead to the conviction that the facts contained in the
private and the prosecutor’s indictment have been proved beyond any reasonable doubt. […]
It also indicated that:
[…] The standard of conviction beyond any reasonable doubt pertains to Anglo-Saxon law and not to
that of continental Europe; thus, it is a novelty for the Chilean legal system. However, it is a useful
concept, because it is sufficiently evolved and eliminates discussions regarding the degree of conviction
required, revealing that is it not an absolute conviction, but one that excludes the most important
doubts. Accordingly, the phrase of ‘sufficient conviction’ was replaced by the phrase of ‘beyond any
reasonable doubt.’ (E. Pfeffer U. Código Procesal Penal, Anotado y Concordado, Editorial Jurídica of
Chile, 2001, p. 340). […]
On these grounds, it concluded that:
[…] it is not found that the judgment contested by the appeals fails to meet the requirements of
paragraphs (c) and (d) of article 342 of the Criminal Procedural Code, because a clear, cogent and
complete description of the facts can be appreciated, together with the reasons used to define each act
legally, beyond any reasonable doubt. […]
279. It can be seen that, after making a descriptive reference to the facts that the Oral
Criminal Trial Court considered proved, and to the opinion on how they were codified, and citing
parts of the analysis of the evidence by the said court, the Second Chamber merely concluded
the four lines indicated in paragraph 278. The Court has verified that the Second Chamber’s
ruling did not make a comprehensive analysis to conclude that the guilty verdict met the legal
requirements to consider that the facts had been proved, or of the legal grounds that supported
their classification under the law. The simple description of the lower court’s arguments, without
the higher court that decided the appeal setting out its own reasoning that would logically
support the operative paragraphs of its decision, means that the latter did not comply with the
requirement of an effective remedy protected by Article 8(2)(h) of the Convention, which
establishes that the appellants’ complaints and disagreements must be decided; that is, that
they have effective access to the two-stage judicial ruling (supra para. 270.d). These flaws
make the guarantee protected by Article 8(2)(h) of the Convention illusory and prejudice the
right of defense of anyone who has been criminally convicted.
280. The foregoing clearly reveals that the judgment of the Second Chamber did not make a
comprehensive examination of the ruling appealed, because it did not analyze all the contested
factual, evidentiary and legal issues on which the guilty verdict against Messrs. Norín Catrimán
and Pichún Paillalao was based. This means that it did not take into account the
interdependence that exists between the factual determinations and the application of the law,
so that an erroneous determination of the facts entails an erroneous or incorrect application of
the law. Consequently, the remedy of appeal for annulment available to Messrs. Norín Catrimán
98
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