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The 13th Guarantee Court of Santiago decreed the partial definitive dismissal Of the investigation on the alleged “crucifixion” of detainees at the 43rd Police Station in Peñalolén, reported as occurred on Oct 21, 2019, in the first days after “social outbreak”, and that motivated a complaint from the National Institute of Human Rights.
“All the investigation procedures, the video cameras, the statement of one of the victims, allow us to conclude that, in those terms, exactly and precisely, that (the crucifixion) did not happen“said the judge on Monday Eduardo Gallardo.
However, the magistrate stated: “I am not in a position to totally dismiss the case, because I cannot even completely rule out that what did happen (…) is categorically irrelevant from a criminal point of view, ” The Mercury.
“Human rights violations that occurred as of October 18 must be prosecuted, but the crimes that were actually committed must be prosecuted; that is the institutional role of the Public Ministry (…) and, in this case, it gives me the feeling that this is precisely what has been done, “added Gallardo.
Yes there were illegitimate constraints
As stated at the hearing by the prosecutor Miguel Ángel Orellana, the various expert opinions and witness statements -especially the analysis of the police unit cameras– allowed to discard the version about the “crucifixion”, but verify that in the place unlawful torture and coercion did occur; made by those who already there are three formalized carabinieri.
“The request for a definitive dismissal has nothing to do with the fact that on the 43rd that day (October 21, 2019) there were no abuses or violations of human rights. That is not what I am asking for in this hearing, because I am clear that that day and that night there were (constraints), and more than we have formalized“said the persecutor.
False news as a factor of “animosity” against Carabineros
The judicial decision was commented on by the Undersecretary of the Interior, Juan Francisco Galli, who He called for “trusting in justice and awaiting judicial decisions.”
The authority noted that “a lot of damage did false news that were released regarding the Carabineros (in the framework of the outbreak), both the (supposed) torture center in Metro Baquedano, already ruled out, “as well as this ‘crucifixion’ of people deprived of liberty in Peñalolén.”
“Clearly these false complaints, which end up being discarded by the Justice, have had a series of implications in the animosity shown by people who commit acts of violence against police barracks”Galli told The Mercury.
