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After analyzing the arguments of the Prosecutor’s Office, the Second Chamber of the Supreme Court rejected, by majority vote, the appeal for annulment of the defense and confirmed the sentence handed down against Roberto Saavedra Mariani, accused by the High Complexity Unit of the Arica Prosecutor’s Office for distributing and throwing Molotov cocktails against Carabineros personnel during the demonstration registered on October 28, 2019 in the vicinity of the Maritime Government of Arica.
Therefore, Saavedra Mariani must effectively serve the sentence of 5 years and 1 day in prison as the perpetrator of the crime of infraction of the Arms Control Law, which punishes those who manufacture, store, distribute, and dump incendiary devices.
The investigation, carried out together with the OS-9 section of the Carabineros, established that the accused —who worked as a fuel dispenser machine manager in a service center in Arica— participated in the incidents and public disorders registered on the night of October 28, in front of the Maritime Government.
In that place, he transported a cardboard box with at least five Molotov cocktails, which were extracted by hooded men to throw them. Thus, the accused also threw one of the devices in the direction of a parked Carabineros van, where the driver of the mobile was located, while other police officers were a few meters away.
Saavedra Mariani was arrested at his workplace and later at his home the clothes he used in the demonstrations were seized, as well as a metal shield with handles and three masks that he used to protect against tear gas.
Although the Prosecutor’s Office requested the precautionary measure of preventive detention against the accused, the Oral Court maintained his total house arrest pending the sentence being enforceable.
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