threats committed against [Mr.] García Lucero […] against all those who are found
responsible for the facts during the investigation,” based on the facts that are described in
the brief, and which took place following Mr. García Lucero’s arrest on September 16, 1973,
and which, as indicated in this brief, constitute the
Crimes of illegal detention, torture or unlawful physical or mental coercion, injuries, threats and
unnecessary violence contemplated in articles 150, 150A, 150B, 395 and the pertinent following
articles, and article 296 of the Criminal Code and in article 330 of the Code of Military Justice.
On this basis, he requested that,
Pursuant to the said norms, Article 19 of the Constitution of the Republic, the “Inter-American
Convention to Prevent and Punish Torture” and the “Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment,” measures be ordered leading to the clarification of
the facts, the identification of the criminal or criminals, the pecuniary responsibility, and the
punishment of the guilty parties.
As pertinent, the “First supplementary request” asked for the joinder of the complaint filed
with “proceedings under case file No. 1261-2011” (supra para. 83), concerning the same
facts, while the “Third supplementary request” asked for the “implementation of [other]
measures” “in order to determine the facts as clearly as possible.” 103
92.
On June 7, 2012, the complaint was admitted; an order was issued to joinder the
proceedings, and an order was issued to the Investigation Brigade to implement the
measures requested. 104 Regarding the latter, the case file contains the “order to investigate”
issued by the 34th Court and addressed to the Investigation Brigade, which, in turn, issued
a note on July 25, 2012, addressed to the Human Rights Program of the Ministry of the
Interior, to the Comptrollership General of the Republic, and to the Hippodrome of Chile
and, the following day, to the General Chief of Staff of the Chilean Army, the General
Secretariat of the Chilean Navy, the General Chief of Staff of the Chilean Air Force, the
General Sub-directorate of the Human Rights Department of the Carabineros of Chile, and
the Head of the National Office of Crimes against Human Rights. 105
93.
On August 2, 2012, in compliance with the measures requested in the complaint, the
34th Court received a letter from the Sociedad Hipódromo Chile S.A., providing information
103
Cf. Complaint filed on June 6, 2012, by the lawyer, José Antonio Ricardi Romero, of the Public Legal
Assistance Service before the 34th Court (annexes to the final written arguments of the State, annex 3, fs. 1180 to
1185). The other measures requested in the complaint, according to the said document, are: “to order the
[Investigation] Brigade to proceed to locate and summon” the person presumably responsible who has been
identified; “to notify the Ministry of the Interior that it should forward a copy of the orders for the detention and
expulsion from the country of [Mr.] García Lucero”; “to notify the General Directorate of Carabineros of Chile to
advise the list of officials who were stationed at [an] [indicated] police station on September 16, 1973”; “to notify
[different entities] that they should forward the political records […] that exist in relation to [Mr.] García Lucero; to
notify the [Investigation] Brigade that it should forward […] its records on [the person presumably responsible who
has been identified and] in order to locate and summon to testify in the proceedings [a doctor who has been
identified],” and “to notify the Hippodrome of Chile […] that it should advise the date of entry and last day of work
that this entity records for [Mr.] García Lucero.”
104
Cf. Decision of June 7, 2012, of Cheryl Fernández Albornoz, Alternate Judge of the 34th Court (annexes to
the final written arguments of the State, annex 3, f. 1186).
105
Cf. Investigation Order of June 7, 2012, issued by the 34th Court and addressed to the Investigation
Brigade, and Notes of July 25 and 26 addressed by the Investigation Brigade to the Human Rights Program of the
Ministry of the Interior, the General Comptrollership of the Republic, the Hippodrome of Chile, the General Chief of
Staff of the Chilean Army, the General Secretariat of the Chilean Navy, the General Chief of Staff of the Chilean Air
Force, the General Sub-directorate of the Human Rights Department of the Carabineros of Chile, and the Head of
the National Office of Crimes against Human Rights (annexes to the final written arguments of the State, annex 3,
f. 1199 to 1211).
31