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The Appeals Court of Temuco accepted the amparo appeals filed by the National Institute of Human Rights and the Children’s Ombudsman against the Investigative Police (PDI) for the accused detention of a seven-year-old girl in Temucuicui, who is the daughter of community member Camilo Catrillanca -assassinated by the Carabineros-, on January 7.
According to what transpired that day on social networks, the girl had been led by PDI officials along with her mother and grandmother while they went to the Angol Court to hear the conviction for the crime of the young Mapuche that occurred in 2018.
Temuco Court orders the PDI to comply with international laws and treaties for the protection of minors https://t.co/X26YTjnDJq
– Judicial Branch Chile (@PJudicialChile) January 28, 2021
In its ruling, the appellate court considered that from the report issued by the PDI -which publicly denied having detained the minor-, where it alleged that the other arrests were framed in riots, “it is not possible to extract facts other than those specified” in the appeal in favor of the girl, “since, to a greater extent, it extends into the account of contextual circumstances related to an operation that, on the same day, had been carried out by a large police contingent in the Temucucui community”, alluding to the search and anti-drug procedure that ended with a dead detective.
In this context, he argued that “The fact that must be attended to is limited to the arrest of the minor, her mother Katherine Yesenia Antín Soto and her paternal grandmother, Teresa Guillermina Marín Melinao, the one that is not debated by the intervening parties, being even shown in a photograph accompanied in these files and not distorted by the respondents, as to the circumstances in which it occurred and, if excessive and disproportionate force was used, as if the detention of a child under the age of seven is authorized by our legislation. “
Therefore, he gave for “established that the minor was arrested and, without prejudice to the containment measures that were subsequently deployed by police personnel to separate her from the procedure that was being carried out regarding “the other arrests of her mother and grandmother,” the fact “is not modified, not even because the The procedure against the minor would have been extended for brief moments, neither because of the place nor the contextual circumstances used by the Investigative Police. “
Thus, the Court declared that the PDI acted “with disproportionate and illegitimate force and, even without it, he violated the constitutional rights to personal liberty and individual security of the minor, in violation of the Political Constitution of the Republic and the Convention on the Rights of the Child. “
Consequently, it ordered the PDI that “it must refrain from carrying out any arbitrary and illegal action with respect to the girl and any other minor that violates the rights that protect every minor, submitting to strict compliance with what is established in the laws, in the Political Constitution of the State and in the International Treaties“.
💪💪💪 we continue !!! No more violation of rights to NNA !! 💪💪💪 https://t.co/KZeBkJooe3
– Patty Muñoz García (@Pa__tty) January 28, 2021
On the other hand, rejected the appeal filed in favor of the mother and grandmother of the little girl, who accused having been taken by force from a private vehicle in which they were.
The court dismissed the constitutional action in favor of both women “for the circumstances are not proven of their arrests. “
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