REPORT No. 13/09 PETITION 339-02 ADMISSIBILITY VINICIO POBLETE VILCHES CHILE 1 March 19, 2009 I. SUMMARY 1. This report is on the admissibility of petition 339-02. Proceedings were initiated by the Inter-American Commission on Human Rights (hereinafter “Inter-American Commission,” “Commission,” or “IACHR”) following its receipt of a petition lodged on May 15, 2002 by Mses. Blanca Margarita Tapia Encina2 and Cesia Leyla Poblete Tapia, and Mr. Antonio Poblete Tapia (hereinafter “the petitioners”) against the Republic of Chile (hereinafter “Chile” or “the State”), regarding the death of Mr. Vinicio Antonio Poblete Vilches on February 7, 2001, in a public hospital of the city of Santiago. 2. The petitioners contend that the physicians treating Mr. Vinicio Poblete Vilches on February 7, 2001 in a public hospital of Chile were responsible for his death; they performed surgery on him without informing his next of kin or requesting his authorization, and discharged him from the hospital after the operation despite his serious health condition. They go on to say that they received contradictory information regarding the cause of death of the alleged victim, and lodged a criminal complaint against the physicians in 2001, which currently continues to be in the stage of a preliminary inquiry. They note that there has been an unjustified delay on the part of the court to carry out an investigation of the facts, and they report that they were humiliated by hospital personnel and by the court examining the case. 3. The State, for its part, contends that the complaint should be declared inadmissible because there is not yet a final judgment in the investigation on a possible negligent homicide of the alleged victim, and hence it cannot be reasonably considered that available domestic remedies in the Chilean judicial system have been exhausted. The State also asserts that the petition should be declared inadmissible on the grounds that it is manifestly groundless. 1 Commissioner Felipe González, a Chilean national, did not participate in study and decision of this report, in compliance with Article 17(2)(a) of the Commission’s Rules of Procedure. 2 The petitioners informed the Commission in a January 25, 2003 communication that Ms. Blanca Margarita Tapia-Encina died on January 13, 2003. 1

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