proceedings, to appoint a lawyer and, ultimately, to exercise his rights, because currently he
lives in England and it has not been possible to contact him.” In addition, he asked, inter
alia, that an official note be sent to the “Investigation Police” requiring them to determine
the whereabouts of the individual who was presumably responsible for the facts, and that
“letters rogatory be sent to the Inter-American Commission” asking it to provide information
on Mr. García Lucero’s address. 98 On March 20, 2012, the 34th Court authorized Mr. Ricardi
to act as unofficial agent “for 90 days as of this date,” and ordered that an official note be
sent to the Police and that “letters rogatory be sent” to the Inter-American Commission. 99 In
order to take this action, on the same date the 34th Court issued an official request to the
Supreme Court. 100
89.
On March 23, 2012, by note No. 199-2012, Claudio Valdivia Rivas, Director General
of the Public Legal Assistance Service of the Metropolitan Region, informed Andrés Vega
Alvarado, Head of the Cabinet of the Ministry of Justice of the measures taken in the case of
Leopoldo García Lucero and the procedural steps to be followed. In this document, he
indicated that the 34th Court had asked the Public Legal Assistance Service to summon the
official in charge of the “Chacabuco” center at the time of Mr. García Lucero’s detention. This
individual was summoned to appear on February 28, 2012; however, he did not come
forward “because the summons did not reach him, as he had moved house.” Mr. Valdivia
Rivas also indicated that, on March 13, 2012, after a hearing with the Alternate Judge of the
34th Court, Mr. Ricardi made the above-mentioned requests (supra para. 88). In addition,
he referred to “[t]he problems caused by [Mr.] García Lucero’s lack of activity in the
proceedings,” because “since they did not have a mandate [from him] to represent him,”
they were “unable […] to file a complaint and […] to take a further series of procedural
actions arising from this, […] and this adversely affected the processing and the success of
the action.” He explained that, owing to the absence of this mandate and until the request
to act as unofficial agents was admitted, it was possible that the case could be dismissed,
and they would be unable to contest this. Lastly, he reiterated the need, “in the short term,”
to make “direct contact with [Mr. García Lucero] or, at least, to have fluid communication
with [the representatives] in order to follow up on the complaint that had been filed.” 101
90.
On March 30, 2012, the representatives, by e-mail, informed the State agents that:
Leopoldo [García Lucero] and his family ha[d] informed [them] that they will not litigate the recent
case opened in Chile, because they consider that the proceedings that are underway at this time
are not appropriate and/or effective to clarify, within a reasonable time, his torture and detention;
nor to determine, for example, the place where his savings are kept, etc. 102
91.
On June 6, 2012 the lawyer who had filed the complaint, Mr. Ricardi, as Mr. García
Lucero’s unofficial agent, filed a criminal complaint for the crimes “of torture, injuries and
98
Cf. Brief of March 13, 2012, of the lawyer, José Antonio Ricardi Romero, of the Public Legal Assistance
Service to the 34th Criminal Court of Santiago (annexes to the final written arguments of the State, annex 3, fs.
1167 and 1168).
99
Cf. Decision of March 20, 2012, of Ximena Sumonte Contreras, Alternate Judge of the 34th Court (annexes
to the final written arguments of the State, annex 3, f. 1174).
100
Cf. Letters rogatory No. 2026 of March 20, 2012, signed by Ximena Sumonte Contreras, Alternate Judge
and Christian Cid Díaz, Deputy Secretary, addressed to Rubén Ballesteros Carcamo, President of the Supreme
Court (annexes to the State’s final written arguments, annex 3, fs. 1175 to 1779).
101
Cf. Note No. 199-2012 of March 23, 2012, to Andrés Vega Alvarado, Chief of Staff of the Ministry of
Justice, Ministry of Justice, from Claudio Valdivia Rivas, Director General of the Public Legal Assistance Service,
Metropolitan Region (file of annexes to the answering brief, annex 9, fs. 2787 to 2789).
102
E-mail dated Mach 30, 2012, addressed by Clara Sandoval-Villalba, Alternate Judge, to Jorge Castro
Pereira (file of annexes to the answering brief, annex 1, f. 2688).
30