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The Court of Appeals of Santiago ratified this Thursday the order of prosecutions dictated by the minister on an extraordinary visit Mario Carroza of three retired Army officers for its responsibility in the theft or destruction of microfilmed files of the National Information Center (CNI), the secret police of the dictatorship of Augusto Pinochet, successor of the DINA.
The illicit accredited occurred between 2000 and 2001 at the Army Intelligence School, located in the town of Nos, commune of San Bernardo, south of Santiago.
Meanwhile, the resolution maintained the processes and degrees of participation of the retired general and former intelligence director of the Army Eduardo Jara Hallad, as the author of the crime; and the former chief of the Army General Staff Carlos Patricio Chacon Guerrero, as a cover-up.
Santiago court confirms prosecutions of Army officers (r) for destruction of CNI files https://t.co/6YeYNvhpNG pic.twitter.com/RGKodDpUw0
– Judicial Branch Chile (@PJudicialChile) October 1, 2020
The ruling holds that “the contested resolution, prima facie, meets the legal requirements outlined above, bearing in mind that the description of the ruling verb of the crime provided for in article 242 of the criminal text, in its modality of ‘destruction’ of document by public official, elements of the type that are clearly accredited, since the destruction of the documents and the quality of public officials are indisputable facts and, in terms of participation, it is duly demonstrated with the recognition that is reflected in their statements. “
The resolution adds that: “The claim of the plaintiffs, attends to the modification of the responsibility that fits in the facts to the defendant Mercedes Rojas, from accomplice to cover-up, insofar as they express that she had a direct and immediate participation in the criminal figure described , since being in charge of the custody of documents that came from the National Intelligence Center, he ordered subordinates to proceed with their cremation. “
“That, it is so that regarding the participation of Mercedes del Carmen Rojas, she must be modified, attentive, as has already been said, that she ordered her subordinates to destroy the documents that were under her care and responsibility, what constitutes the form of authorship described in N ° 1 of article 15 of the Penal Code “, adds the opinion.
During the Pinochet dictatorship (1973-1990), according to official figures, some 3,200 Chileans died at the hands of state agents, of which 1,192 are still listed as disappeared detainees, while another 33,000 were tortured and imprisoned for political reasons.
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