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This Sunday marks exactly one year since the beginning of the social outbreak, which occurred on October 18, 2019, a date that brought with it various acts of violence and a political agreement to hold a plebiscite seeking a new Constitution, which will be held -after postponing for COVID-19- next October 25.
One year is enough date to carry out balances of the different edges that marked the social outbreak. Among them, there is the violence of the State exerted on citizens throughout the country, which resulted in multiple and serious human rights violations. After 365 days, far from being a specific situation, the violence has spread over time, with the Carabineros among its main responsible.
How well did they perform in the past year? The Diego Portales University analyzed the institution and others, such as the Investigative Police (PDI) and the Armed Forces, publishing their results in the UDP 2020 Human Rights Report.
In the chapter “Tortures, cruel and inhuman treatment since the social outbreak”, prepared by Eduardo Alcaíno, they warn – recalling, for example, the case of Fabiola Campilla – that there were multiple victims of state violence. “However, the progress that has been made in the compliance of the State of Chile with its international obligations regarding police violence, the social outbreak made it clear that it is a practice that continues to arise over the years in our country and Therefore, it needs to be described, put into context and evidenced “, they say.
For this study, an analysis was carried out of all the reports of institutions related to the defense of human rights, of various national public institutions and also of international organizations of the human rights protection system, press media, requirements for access to information public, and other open sources, in order to identify and summarize the main acts of violence that occurred since October 18, 2019 in the terms of this report.
And the conclusions are not far from what was warned by the OHCHR and the IACHR: the fault of the police action lies with the State. “In other words, the international human rights system recognizes that States must guarantee public order and compliance with the law, but not at any cost,” the study says.
The social outbreak showed that the State of Chile has serious difficulties “not only in guaranteeing the right to assembly, but also when exercising force to control public order.”
“In the first place, there is overwhelming evidence about the use of non-lethal weapons -mainly by the Carabineros- on groups of protesters, without differences from those who were carrying out violent behavior with respect to those who were demonstrating peacefully, and without taking protection measures in order not to generate undue risk of serious injury. These actions caused, among others, sequelae to the face and severe eye trauma, meaning in some cases the total loss of vision or damaged eyeballs. In this context, there is an evident breach of the Principles Basic use of force on citizens and, in turn, a serious violation by the State of Chile to the human rights of citizens, especially the right to physical and mental integrity, “they say.
“This violation is not only explained by the actions carried out by State agents against the citizens, but also by the omission of the police and government authorities in the face of the evident behaviors that were being deployed in the control of public order,” they add , remembering among other things the use of anti-riot shotguns. “In this context, it is imperative that the authority become aware of the seriousness of the facts and the dangers associated with the use of non-lethal weapons on citizens, and understand the role that it is responsible for protecting protesters who are exercising their right to reunion, “he says.
Another of the conclusions reached is that there was a clear violation of the absolute prohibition of the States to carry out torture and other treatment on citizens. In addition, they warn that the State, through the Public Ministry, “has realized that they are investigating the acts constituting torture and other treatment,” however there is delay “and difficulties in obtaining information regarding the police institutions, which they are essential to clarify the facts and to prosecute the corresponding sanctions “.
Fourthly, “it is relevant to note that there were serious episodes of violence by certain groups of protesters against police officers,” which is the responsibility of the State, since it is the one that must “guarantee the physical integrity and life of the officials. police, for which it must provide it with the necessary resources and logistics to carry out its work properly. “
Finally, the State of Chile must answer for the actions of its state agents, who are the ones who are directly exercising force, says the study. But not only must they respond civilly or administratively, but, as the United Nations Committee of Nations against Torture has indicated, “hierarchical superiors, including public officials, cannot […] evade criminal responsibility for acts of torture committed or ill-treatment inflicted by subordinates if they knew or should have known that such unacceptable conduct was occurring or was likely to occur. “
Among the recommendations presented by the study, the modification of the protocols for the use of non-lethal weapons stands out, in order to adapt them to international recommendations; advance the legislative agenda to reform the Carabineros; adopt the necessary measures so that the Police and the Armed Forces comply with their obligations to guarantee people’s rights; improve criminal prosecution capabilities and transparency; evaluate and improve the supply of training and education for police officers, prosecutors, defenders and judges on torture and other cruel treatment, with international standards; diligently and promptly investigate the various cases of violence, carrying out all the corresponding procedures, protecting the guarantees of the victims; and establish comprehensive reparation mechanisms.
“Grim” panorama
Eduardo Alcaíno, creator of the study, spoke with The counter on this study, ensuring that it confirms that “there has been an unnecessary and disproportionate use of force by the Carabineros over people who were in the demonstrations of different types, as well as in arrests, without prejudice to the fact that those people may or may not have been participating peacefully. “
It also confirms that “there is a pattern of conduct on the part of the Carabineros at the time of exerting force, which translates in several cases and not a few, into conducts that may constitute torture and other types of treatment such as attacks against physical integrity. What I mean is that this is not a situation that was generated as of October 18 “, but rather” it is a situation that has been going on for a long time that has probably clearly been improving in some aspects, especially since the reform criminal procedure but there is still an excessive use of force “.
Alcaíno also referred to the use of anti-riot shotguns: “the evidence, especially of the number of cases and the type of injuries, shows that the use of anti-riot shotguns on a group of people and that more than having a defense objective , either from the officials themselves or from third parties, but rather a means to disperse the demonstrations or even affect the integrity of these people. ” This is relevant because the evidence, scientific or not, shows “that such use is completely improper, since it generates a greater risk of generating serious injuries and especially of affecting the vision and eyes of people, as has been clearly documented in the case of our country “.
This October 18, the day that marks one year of the social outbreak, Alcaíno analyzes the last year of the Carabineros: “Clearly what happened on October 18 to date, has generated some kind of reaction from the authorities, from of the Carabineros, to some extent this has implied an internal shaking and it is impossible not to recognize it. Notwithstanding this, it has clearly been insufficient. “
“The recent events, especially the attempted murder of the 16-year-old from the Pío Nono bridge, the institutional reaction and with all the consequences that are publicly known, show that the Carabineros still have a conception of their work that It does not imply a self-review of its protocols, let alone at least a speech with greater protection and restrictions regarding what happened, but rather there is a corporate defense which shows that the conception regarding the use of force of its institution continues to be the same, basically that here they can exercise it without prejudice to the consequences and the facts that could justify its use, because that is important, and especially from the point of view of international standards, “he explains.
Along these lines, he says that the “panorama regarding the Carabineros is quite bleak and unclear because the central problem that exists in the Carabineros is an institution that has an obvious relationship with the Political Power and therefore the changes that are going to happen will depend on clearly of the support that they may or may not have from the political power, not only from the authority but of course from the parliamentarians who also have to do with the changes, then the panorama I would tell you is a bit uncertain because it will depend on the support that they are going to have authority “.
“What the human rights center would expect and what the human rights center expects is that there is, there exists a relevant reform, important regarding the Carabineros. There are a series of proposals in a series of commissions that have been seen on the changes that must exist, of course that imply demilitarizing Carabineros, implies greater control on the part of the civil power, a series of other questions of which there is a fairly advanced technical consensus, the issue has to do more with the political support that this may have. We hope that from From the dialogue that may exist with the Government, with the different political parties and with the different organizations of civil society, a consensus can be reached on how to modify this and be able to achieve an institution, let’s say it is modern and according to the standards of democracy and human rights “, he concluded.
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