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The Chilean Commission for Human Rights (CCHDH) filed a complaint for the crime of attempted homicide of the minor who was pushed by a policeman from the Pío Nono bridge to the bed of the Mapocho river, in the middle of a demonstration in Plaza Baquedano, in the Metropolitan region.
The legal action, which was declared admissible, is against the President Sebastián Piñera, of the Minister of the Interior, Víctor Pérez; the general director of the Carabineros, Mario Rozas; and of all those who are responsible, whether as authors, accomplices and / or accessories, both in active commission and by omission, taking into account the considerations of the event that occurred last Friday.
They argue that the The use of force must be sufficiently based on national legislation and must be carried out in the performance of duty, using methods and means that have been previously authorized by the Carabineros.
Similarly, “Carabineros personnel in the performance of their duties must use, as far as possible, non-violent means before resorting to the use of force, corresponding to make use of it, when other means are ineffective or do not guarantee the achievement of the expected result. The use of force is the last resort against the resistance of a subject subjected to the control or action of the Carabineros or to repel an illegitimate aggression ”.
This means, they continue that “there must be a balance between the degree of resistance or aggression suffered by a Carabinero and the intensity of force that is applied to make the person submit to police control. Likewise, this principle implies that the use of force has the limit that it cannot inflict more damage, that the one that is intended to be avoided with their employment and, where appropriate, consider the particular characteristics of the person, such as, for example, being a boy, girl or adolescent or an older adult ”.
For this reason, they request the Santiago Guarantee Court to be summoned to declare the Minister of the Interior and the General Director of the Carabineros.
Also, that officiate at the Santa María Clinic to deliver the clinical file, diagnosis, DAU, exams, CT and all the antecedents derived from them and it is ordered to Legal Medical Service carry out the expertise regarding the consequences of serious injuries in the victim and report on the direct consequences, whether physical or psychic, from which it derives.
They also seek to be officiate Carabineros to detail the rams and / or devices deployed, respective order of service and news sheet for the shift on October 2, 2020, around 7:00 p.m. and 8:00 p.m., in the vicinity of the Baquedano Square and Puente Pío Nono roundabout; for what report and send a copy in audio format and transcription of the communications held by each device in the period covered; And for what report if one or more staff members were carrying body cameras or Go-Pro, or another type of diverse institutional recording, a complete copy of the supported images is sent indicating the identification of name, grade and the unit that was serving that day.
Complaint of Tomás Hirsch
Due to the aforementioned facts, the deputy Tomás Hirsch against Carabinero Sebastián Zamora and against anyone who is responsible for the crimes of attempted murder and obstruction of the investigation.
They request the court to dismiss an order to investigate the Human Rights Brigade of the Investigative Police, which is summoned to testify to the victim and the police officer involved.
Also that a copy of the recordings of the security and traffic cameras of October 2, 2020, regarding the Pío Nono Bridge and its surroundings, be collected.
In addition, that “the police officers of the 1st and 40th Police Stations of Santiago who participated in the calls to the Prosecutor’s Office providing false information on the victim be identified, a statement is taken from them, and prior judicial authorization is requested from the companies telephone traffic of cell phone calls of all the people involved in the cover-up events narrated in this complaint. Along the same lines, we request that their cell phones be seized with a view to obtaining a copy of their messages (text, WhatsApp, and any other cell phone messaging service) during the same dates ”.
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