on the date of entry and the last day of work of Mr. García Lucero, accompanied by the
letter terminating his work contract dated November 7, 1973. According to the letter, “[Mr.]
García [Lucero] began working [on] July 1, 1971, and his contract was terminated on
November 7, 1973.” 106
94.
On August 7, 2012, the 34th Court received a report from the Investigation Brigade,
in which it described different measures implemented (supra paras. 92 and 93). In this
report, in addition to the person presumably responsible identified previously (supra para.
85), a further two persons were “identified,” without indicating the nature of their
responsibility. 107
95.
On August 20, 2012, as a result of a decision of the 34th Court, one of the
individuals identified in the report of the Investigation Brigade was summoned to testify,
and it was decided to issue an arrest warrant against the person indicated as presumably
responsible for the facts, since he had not come forward to testify, “despite being
summoned by mail.” 108 This warrant, “against whoever it may concern, for the offense of
disobeying the orders of the [34th Court,]” was issued on the same date, and indicated
“with a search of his home if necessary.” 109
96.
On September 24, 2012 the 34th Court received Police Report No. 4248, in relation
to the arrest warrant it had issued with instruction to ensure the appearance of the person
required. This report states that the person presumably responsible for the facts “had not
been arrested” and “requested that new arrest warrant be sent” with “the address
registered by the wife [of the person presumably responsible], so as to be able to establish
whether [he] lives at that address in order to notify him.” 110 By a decision of the 34th Court
of September 25, 2012, it was decided to issue a new arrest warrant against the person
presumably responsible, at the residence of his wife. 111
97.
On October 2, 2012, the lawyer who had filed the complaint, Mr. Ricardi, asked the
34th Court to examine the measures take in the preliminary proceedings in order “to
contribute to the success of the investigation and urge that it be completed promptly.” In a
decision of October 8, 2012, this request was admitted. 112
106
Cf. Letter of July 31, 2012, from the Sociedad Hipódromo Chile S.A., signed by Luis Ignacio Salas
Maturana, Manager, received by the 34th Court on August 2, 2012, and Letter of dismissal of November 7, 1973,
signed by Ricardo Echeverría Verdara, Head of the Personnel Department of the Sociedad Hipódromo Chile S.A.,
addressed to Mr. García Lucero (annexes to the final written arguments of the State, annex 3, fs. 1197 and 1198).
107
Cf. Police report No. 3498/00 dated August 6, 2012, issued by the Investigation Brigade, received by the
34th Court on August 7, 2012 (annexes to the final written arguments of the State, annex 3, fs. 1200 to 1203).
108
Cf. Decision of August 20, 2012, of Cheryl Fernández Albornoz, Alternate Judge of the 34th Court
(annexes to the final written arguments of the State, annex 3, f. 1217).
109
Cf. Arrest warrant dated August 20, 2012, issued by Cheryl Fernández Albornoz, Alternate Judge of the
34th Court (annexes to the final written arguments of the State, annex 3, f. 1219).
110
Cf. Police report No. 4248 of the Investigation Brigade concerning the arrest warrant issued by the 34th
Court (annexes to the final written arguments of the State, annex 3, fs. 1223 to 1225).
111
Cf. Decision of September 25, 2012, of Cheryl Fernández Albornoz, Alternate Judge of the 34th Court
(annexes to the final written arguments of the State, annex 3, f. 1226).
112
Cf. Brief of the lawyer José Antonio Ricardi Romero of the Public Legal Assistance Service received on
October 2, 2012, by the 34th Court, and decision of October 8, 2012, of Cheryl Fernández Albornoz, Alternate
Judge of the 34th Court (annexes to the final written arguments of the State, annex 3, fs. 1236 and 1237,
respectively).
32