Original article: Formalizan a 5 exfuncionarios del Ejército por la muerte del conscripto Franco Vargas: INDH intervino en audiencia

Five Former Army Officials Charged in Connection to Conscripto Franco Vargas’ Death: INDH Involved in Hearing

Nearly 600 days after the death of Franco Vargas, a 19-year-old conscript who died while serving in Putre, the Arica Court of Guarantees has ordered preventive detention for four of the five former Army officials accused of illegal coercion in this case.

This decision was made following a formalization hearing that lasted two days, during which the National Human Rights Institute (INDH) intervened. During the session, the Public Ministry detailed the events that led to the young man’s death and the injuries suffered by other conscripts.

Sebastián Cabezas, head of the INDH’s Protection of Rights Unit, praised how the Public Ministry presented the charges: «From the very beginning, the INDH has indicated that the young conscripts were victims precisely at the hands of public officials responsible for protecting their physical and mental integrity. We are convinced that training in the Armed Forces must inherently respect human rights.»

They Were Given Contaminated Water

The INDH has been involved in this process from the start. The institution filed the first complaint for illegal coercion on May 8, 2024.

Subsequently, on May 13, the INDH filed a second complaint, this time for Franco Vargas’ death, and argued that the case should be investigated in civil courts due to the violations of human rights involved.

«This reasoning was accepted by the Supreme Court, which on June 25 of the same year established a significant judicial milestone by interpreting restrictively the cases that military courts can address,» noted the human rights organization.

According to statements made in the hearing by Arica’s regional prosecutor Mario Carrera, the conscripts faced physical and psychological abuse, were forced to drink contaminated water, lived in spaces with rodent feces, and slept in overcrowded conditions.

It is important to remember that, along with Franco Vargas’ death, six other young men sustained serious injuries.

The Events

Based on the information presented during the hearing, the young man experienced at least three fainting spells during a march on April 27, 2024. The medical attention he received afterward was even questioned by healthcare personnel and other Army officials, details that were recorded in the scene reconstruction presented to the court.

Regional prosecutor Mario Carrera asserted that the accused—who were discharged after Vargas’ death—committed multiple actions and omissions during a march that began from a barracks in the Putre area, which contributed to the aforementioned illegal coercion offenses.

«Thus, Judge Macarena Calas ordered preventive detention for four of the five officials: the former commander C.P.G.P. for illegal coercion resulting in homicide and serious injuries; former lieutenant B.D.W.A. for illegal coercion; former lieutenant B.A.T.J. for illegal coercion resulting in serious injuries; and former military nurse M.I.Z.G. for illegal coercion, leading to homicide and serious injuries. Meanwhile, former captain M.J.F.G. received house arrest,» the INDH reported.

We will continue to provide updates.