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In a unanimous ruling, the Second Chamber of the Supreme Court reversed the sentence handed down by the Santiago Court of Appeals and rejected the appeal for amparo presented by Brigadier General (r) Juan Ramón Fernández Berardi, inmate of the Punta Peuco Prison against the parole commission that denied him the benefit.
The instance made up of the ministers Carlos Künsemüller, Haroldo Brito, Manuel Antonio Valderrama, Jorge Dahm and Leopoldo Llanos established that the appellant does not meet the requirements established in the Rome Statute, signed by Chile, to grant conditional release to those convicted of crimes against humanity.
“That the Statute of the International Criminal Court of 1998, also called the Rome Statute, is an international treaty ratified by Chile in 2009. This instrument establishes a complementary jurisdiction to national criminal jurisdictions to prosecute the most serious international crimes, among them, those against humanity. Consideration of these rules constitutes an international standard required for the execution of any sentence for the aforementioned illicit acts; in such a way that the rules of domestic law must be interpreted in accordance with international human rights law, and among the possible interpretations, the one that best matches the latter should be preferred, “the ruling maintains.
Fernández Berardi has a large record of human rights violations and – according to the resolution of the highest court – “he is sentenced to a custodial sentence of fifteen years and one day, as the author of the qualified murder of Rafael Antonio Madrid Gálvez, of attempted murder of Gastón Alberto González Rojas that occurred on October 3, 1973; of qualified homicide of Exequiel Segundo Contreras Carrasco, which occurred on October 4, 1973; of qualified homicide of Carlos Leonardo Ibarra Echeverría, which occurred on October 5, 1973; of qualified homicide of Alberto Toribio Soto Valdés that occurred on October 7, 1973; of qualified homicide of José Elías Quezada Núñez and Rosalino del Carmen Retamal that occurred on October 8, 1973, and of qualified kidnapping of Daniel Hernández Orrego that occurred on October 15, 1973, with said judgment with pending appeals, a circumstance that currently prevents him from being released conditional, given that the appellant’s criminal procedural situation has not been definitively clarified ”.
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