98.
On October 16, 2012, Police report No. 4580 was received by the 34th Court, with
information on the arrest warrant issued on September 25 that year. It reported that the
person required had not been found in the residence registered in the name of the wife of
the person presumably responsible for the facts, and that the person who lives there
indicated that she was his mother-in-law, and stated that “he has been living abroad for
several years, and she was unaware of in which specific country.” 113
99.
On October 30, 2012, the 34th Court, in Note No. 2896, ordered the “International
Police” of the Investigation Police of Chile” to provide information “on the exits from and
entrances into the country” of the person presumably responsible for the facts. 114 The same
day, a witness, who is a doctor, provided testimony in which he stated that he had been
“detained for political reasons in the National Stadium from September 13, 1973, until it
was closed in November 1973.” He indicated that he had known Mr. García Lucero, because,
on their own initiative, the doctors who were detained “treated the injuries caused by
torture.” He testified that he had treated Mr. García Lucero “after the torture carried out in
the dressing rooms,” and that “subsequently, […] the detainees were transferred from the
National Stadium to the Chacabuco Nitrate Office, in the middle of the Atacama [desert]”
where he again saw Mr. García Lucero. After that, the witness did not see Mr. García Lucero
again until “he was sent into exile in England,” and met Mr. García Lucero in London. He was
asked whether he knows the person presumably responsible for the facts and he answered
“'he is a bastard' [and that he] remember[d] when [he] arrived at Chacabuco, [that person]
received the detainees and ‘welcomed’ [them] with insults and threats.” He also stated that
he had read the complaint (supra para. 91) and “what it states […] is true.” 115
100. On January 9, 2013, the lawyer who filed the complaint, Mr. Ricardi, asked that
“information be requested” in relation to the note sent to the International Police “owing to
the time that has passed since it was requested.” 116 Subsequently, Note No. 13069 dated
December 3, 2012, of the Border Control Department of the National Headquarters of Aliens'
Affairs and International Police, listing the migratory movements of the person supposedly
responsible for the facts in the United States of America and Argentina, was added to the
case file. 117 On April 1, 2013, the 34th Court ordered that a note be sent to the Supreme
Court asking it to provide information “on the status of the international letters rogatory
decreed in the proceedings.” 118 On April 2, 2013, the 34th Court ordered that Interpol be
notified that it should determine the place where the person required really was. In addition,
it ordered that a note be sent to the Chilean Gendarmería [Prison Service] asking it to
forward any records on the detention of Mr. García Lucero during the military regime. 119
113
Cf. Police report No. 4580 of the Investigation Brigade of October 12, 2012, received on October 16,
2012, by the 34th Court (annexes to the final written arguments of the State, annex 3, fs. 1238 and 1239).
114
Cf. Note No. 2896 of October 30, 2012, issued by the 34th Court (annexes to the final written arguments
of the State, annex 3, f. 1240).
115
Cf. Testimonial statement of a doctor of August 30, 2012, before the 34th Court (annexes to the final
written arguments of the State, annex 3, fs. 1241 and 1242).
116
Cf. Brief of January 9, 2013, of the lawyer José Antonio Ricardi Romero of the Public Legal Assistance
Service to the 34th Court (annexes to the final written arguments of the State, annex 3, f. 1243).
117
Cf. Note No. 13069 of December 3, 2012, of the Border Control Department, of the National
Headquarters of Aliens’ Affairs and International Police (annexes to the final written arguments of the State, annex
3, fs. 1248 and 1249).
118
Cf. Decision of April 1, 2013, of Cheryl Fernández Albornoz, Alternate Judge of the 34th Court (annexes to
the final written arguments of the State, annex 3, f. 1249).
119
Cf. Decision of April 2, 2013, of Cheryl Fernández Albornoz, Alternate Judge of the 34th Court (annexes to
the final written arguments of the State, annex 3, f. 1250).
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