Gendarmería Urges Immediate Transfer of Mauricio Hernández Norambuena to Rancagua Over Human Rights Concerns

Original article: Gendarmería recomienda el traslado inmediato de Mauricio Hernández Norambuena de regreso a Rancagua por riesgo de vulneración de derechos humanos

An official report from the Human Rights Promotion and Protection Department of Gendarmería de Chile concluded that the current conditions of Mauricio Hernández Norambuena’s detention at the Special High-Security Penitentiary (REPAS) may constitute treatment incompatible with national and international human rights standards, explicitly recommending his immediate transfer to the Rancagua Penitentiary Complex.

The document was prepared at the request of the 7th Guarantee Court of Santiago, following defense claims that the recent transfer of the inmate from Rancagua to REPAS resulted in a severe deterioration of his detention conditions.

One of the most significant aspects of the report highlights that Hernández Norambuena has not been informed of the specific reasons for his transfer. The document notes that REPAS regulations require that entry to this special regime be based on a reasoned resolution and preceded by a technical report justifying the measure, which the inmate reports not having received any explanation for.

During the inspection visit, the human rights professionals collected testimony from the inmate, who described a regime characterized by constant searches, frequent use of handcuffs, low temperatures in the cell, restrictions on access to books, absence of reintegration programs, and the interruption of medical and psychological treatments he was receiving in Rancagua.

The report also warns that Hernández Norambuena, who is 68 years old, suffers from various chronic health conditions and that the change of facility interrupted part of his court-authorized healthcare, which could worsen his physical and psychological state. Additionally, it states that the conditions at REPAS do not provide a suitable environment for an elderly person, especially given the standards set by the Inter-American Court of Human Rights regarding the dignified treatment individuals deprived of liberty must receive.

Another finding is that the High Security section of REPAS lacks effective social reintegration programs for convicted individuals, despite penitentiary regulations stipulating that such interventions should exist. According to the report, this situation is incompatible with the reintegration objective that any custodial sentence should pursue.

After analyzing Chilean regulations, the American Convention on Human Rights, and Inter-American Court jurisprudence, the Human Rights Department of Gendarmería made two concrete recommendations to the court: the immediate transfer of Mauricio Hernández Norambuena to the Rancagua Penitentiary Complex and the restoration of medical care and social reintegration programs he was receiving prior to the transfer to REPAS.

The report is particularly significant as it is not a document created by the inmate’s defense or a human rights organization, but instead by the specialized agency of Gendarmería de Chile, acting under judicial mandate to verify detention conditions and provide reasoned recommendations regarding the respect for fundamental rights of individuals deprived of liberty.

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