Lawsuit Filed Over Death of Lieutenant at Pailahueque Police Station: Fatal Shooting Under Supervision Raises Concerns

Original article: Interponen querella por muerte de teniente en comisaría de Pailahueque: Falleció por disparo en la cabeza bajo custodia de sus superiores

The INDH of La Araucanía Files Lawsuit Over Police Lieutenant’s Death at Pailahueque Station

The INDH filed this legal action in the Guarantee Court of Collipulli following the death of a lieutenant from a gunshot wound to the head while under investigation.

The La Araucanía office of the National Human Rights Institute (INDH) has filed a lawsuit in the Guarantee Court of Collipulli for the crime of unjust treatment against those responsible for the events leading to the death of a police officer inside the Pailahueque Public Order Control Station.

According to the INDH’s judicial action, the incident occurred on November 15 in the Ercilla commune. In the morning, the victim, a police lieutenant, reported to the station in connection with an investigation into a missing rifle. By 10 PM, his wife received a call informing her that her husband had been involved in an accident and had been taken to Victoria Hospital.

Events at the Police Station

Upon arriving at the healthcare facility, the woman was informed that her husband had been moved to Temuco Hospital. There, she learned he had only two hours left to live, prompting her to visit him, where she noticed her husband had stitches behind his ear. The police officer passed away during the early hours of November 16.

According to the information verbally provided to the widow by the police at the Ercilla COP Station, while a colleague was accompanying the lieutenant to his private vehicle, he allegedly attempted to take away the weapon from his colleague. After failing to do so, he entered the station area where another officer was answering the phone, from whom he allegedly seized a firearm.

Conditions at the Police Station

During the incident, the victim was under the complete supervision of the Carabiners from at least 11 AM until 10:30 PM inside the precinct, unable to return home. As mentioned, amid the investigation for the missing rifle, the deceased officer was being questioned by the Internal Affairs Service (SAICAR).

This situation is evident as, concurrently with the SAICAR interrogation, his home was searched under a Military Prosecutor’s order. To date, there is no evidence that prior to the questioning, the victim was given the opportunity to exercise his rights as an accused individual (to remain silent, have a defense attorney, testify before a judge, etc.).

INDH’s Argument

In this context, the INDH’s lawsuit posits that there is a hypothetical lack of adherence to human rights standards regarding the guarantees afforded to all accused individuals. This raises the potential for unjust treatment.

The victim was under state custody as he was undergoing questioning by public officials. Under these circumstances, he allegedly discharged a service weapon—an event currently under military judicial investigation—resulting in his death hours later at Hernán Henríquez Aravena Hospital in Temuco.

The INDH lawsuit highlights that Chile has established a Cross-Sectoral Protocol for Early Alert on Deaths Under State Control, Custody, or Care, which emphasizes the state’s obligation to initiate an investigation into deaths of persons deprived of liberty under state custody, control, or care due to the possibility of rights violations.