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In a unanimous ruling, the First Chamber of the Court of Appeals ratified the prosecutions dictated by the Minister Mario Carroza on an extraordinary visit of three senior retired Army officers, for their responsibility in the theft or destruction of microfilmed files of the National Information Center (CNI), the repressive body of the Augusto Pinochet dictatorship.
The crime was perpetrated between 2000 and 2001 at the Army Intelligence School, located in the town of Nos, San Bernardo commune.
The chamber made up of Ministers Miguel Vázquez, Elsa Barrientos and Inelie Durán – confirmed the resolution appealed by the plaintiffs, Fundación Londres 38, Casa de la Memoria and the Christian Democratic Party, establishing that former Lt. Col. Mercedes del Carmen Rojas Kuschevich is subject to to process as the author of the crime.
Meanwhile, the resolution maintained the prosecutions 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 Chacón Guerrero, as cover-up.
“That, the contested resolution, a prima facie, meets the legal requirements outlined above, considering that, the description of the ruling verb of the crime provided for in article 242 of the penal text, in its modality of ‘destruction’ of the document by a 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, as for participation, it is duly demonstrated with the recognition that is reflected in their statements, “the ruling maintains .
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 he was in charge of the custody of documents that came from the National Intelligence Center, he ordered subordinates to incinerate them. “
“That 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 which constitutes the form of authorship described in No. 1 of article 15 of the Penal Code “.
Therefore, it is resolved that: “the appealed resolution of February 7, two thousand and twenty, written from pages 971 to pages 979, is confirmed, with a statement that Mercedes del Carmen Rojas Kuschevich is subject to proceedings as the author of the crime foreseen in Article 242 No. 1 of the Penal Code “.
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