Supreme Court Reduces Sentences for Carabineros, Officers Remain Active Despite Serious Misconduct

Original article: Suprema rebaja condenas y Carabineros mantiene activos a funcionarios que escupieron a una menor y usaron un perro para atacar a un detenido

Two officers of Chile’s Carabineros, Sub-Lieutenant Carlos Leal Aqueveque and Corporal Camilo Vásquez Masman, continue to serve actively despite a court acknowledging their direct involvement in assaults against individuals in police custody between 2017 and 2018.

The Supreme Court partially accepted the annulment appeals filed by their defenses, reclassifying some of the actions previously labeled as torture by the Fourth Oral Criminal Court in Santiago. The ruling, delivered on Monday, October 19, confirms the established facts but determines that they do not meet the full criteria for the crime of torture and should be penalized as illegal coercion.

According to an investigation by Bio Bío Chile, the Supreme Court’s decision was based on a collective assessment of the suffering inflicted, indicating that «even though torture does not require injuries of a certain severity or psychological consequences, this Court believes that the established aggressions, evaluated in conjunction with their circumstances, do not reach the threshold set by Article 150 A of the Penal Code.»

The justices concluded that the officers’ actions did not cause the victims «severe pain or suffering,» a decision reached by a majority of three votes to two, with dissenting opinions from Justices Leopoldo Llanos and Jorge Zepeda.

Documented Incidents

The cited report mentioned that the first incident occurred on November 7, 2017, when a 16-year-old girl and her companion were walking on Exposición Street in Estación Central. A police vehicle reversed and accidentally struck the girl’s leg, prompting her to confront the driver. Leal Aqueveque then exited the car, began pushing her, and hurling insults. According to the findings, the officer subdued her, struck her on the head, and subsequently transported her to a police outpost, where the assaults continued.

Inside the facility, the sub-lieutenant grabbed the girl by her hair and slammed her head against a wall. He then pinched her cheeks and forced her to repeat that «you do not hit the Carabineros.» He followed this by spitting in her face and warning, «So you never forget my face, chuchetumadre,» while, as noted by Bio Bío Chile, he mocked her and discriminated against her based on her socio-economic status.

The companion received two punches to the face, and both were taken, handcuffed, to the 21st Precinct in Estación Central, where they remained kneeling facing a wall, enduring insults and threats.

A second incident occurred on February 23, 2018, when Corporal Carlos Soto Soto stopped a street vendor near the Metro Estación Central and then took him to a police facility.

The man requested to retrieve the money from his sales before his backpack was searched, but the officer struck him in the face and slammed his head against a wall. While other Carabineros held the vendor to prevent him from defending himself, Leal Aqueveque, who was in charge at the time, did nothing to stop or report the assaults despite having the authority to do so.

Attack with Police Dog

The third incident, which occurred on December 5, 2018, at the same precinct, directly involved both convicted officers. Corporal Camilo Vásquez Masman violently subdued a civilian identified as J.R. and, according to Bio Bío Chile, when he was immobilized on the ground, «called his police dog ‘Conrad’ to attack him,» which obeyed the command and bit the man in the hip and left buttock.

Subsequently, the detained individual was taken, still handcuffed, to an office in the precinct, where Vásquez repeatedly punched him. Leal Aqueveque then arrived, also assaulting the man while he remained with his hands behind his back and unable to defend himself. In this context, Vásquez Masman re-entered with «Conrad» and ordered him to attack again in the presence of the sub-lieutenant, who did nothing to prevent it despite his rank. On this occasion, J.R. sustained bites on his left ankle,

Additionally, there was a maneuver to justify the arrest. The Justice system determined that «Vásquez Masman provided false information to the Public Ministry, claiming that the civilian had struck the police dog with a metal rod, threatened officers, and assaulted Corporal himself. He even forged the signatures of another Carabinero on official documents,» reported the cited outlet.

J.R. was charged with various offenses and had precautionary measures applied. However, on May 9, 2019, the Sixth Guarantee Court of Santiago definitively acquitted him after determining that the attributed facts did not constitute a crime.

No Termination So Far

Despite the convictions and the established judicial facts, both officers remain part of the Chilean Carabineros. The institution confirmed that Leal Aqueveque and Vásquez Masman are still active in service, currently assigned to administrative duties, and assured that they have complied with all precautionary measures mandated throughout the judicial process. Regarding potential termination, Bio Bío Chile reported that «Carabineros stated that once the sentence is finalized, they will take appropriate measures to comply with the court’s rulings.»