Impunity: Court Acquits Former Carabinero Claudio Crespo for Illegitimate Coercion Against Gustavo Gatica

Original article: Impunidad: Tribunal absuelve a excarabinero Claudio Crespo por apremios ilegítimos contra Gustavo Gatica

The 4th Oral Criminal Court of Santiago acquitted former Carabineros Lieutenant Colonel, Claudio Crespo, who was accused of firing rubber bullets that caused the severe eye injuries of Gustavo Gatica on November 8, 2019, when he was a Sociology student.

The outcome of the ruling, which began reading at 10:18 AM and lasted over two and a half hours, captured public attention as it set a precedent regarding human rights violations in Chile.

Judge Cristina Cabello stated, «Claudio Fernando Crespo Guzmán is acquitted of the charge of being the author of illegitimate coercion allegedly committed on November 8, 2019,» marking a significant setback for the Public Ministry, which sought an effective prison sentence of 12 years.

According to the ruling, the actions of the former Carabinero that resulted in Gatica’s injuries are «protected by law, as they constitute a legitimate exercise of the right of defense against an illegitimate, current, and potentially lethal aggression in the context and fulfillment of the constitutional and legal duty concerning public order, which is extremely high.»

In accordance with Article 347 of the Criminal Procedure Code, the court ordered the lifting of all precautionary measures against the accused, issuing the corresponding documentation.

The judge noted that, while she concurred with the acquittal decision, her reasoning was based on the belief that the evidence presented by the accusers was insufficient to establish, beyond reasonable doubt, the accused’s involvement as the shooter causing Gatica’s severe injuries. She dismissed the evidentiary value of the audiovisual synchronization from forensic reports due to a lack of scientific rigor, use of non-original evidence, and lack of verifiability.

«Justice has failed Gustavo Gatica,»

Following the announcement of the ruling, several political figures expressed their disapproval and denounced the absence of justice.

Senator Juan Luis Castro stated, «Today’s ruling sends a terrible signal for Chile. When a state agent blinds a young person and there is no justice, democracy erodes. Police violence cannot be normalized. As a doctor and senator, I will continue to demand truth, justice, and non-repetition.»

President of the Frente Amplio, Constanza Martínez, emphasized, «Today, justice failed Gustavo Gatica. This decision enshrines impunity regarding a serious human rights violation that occurred in 2019, despite evidence of the use of excessive force and the responsibility of Claudio Crespo. This ruling undermines trust in institutions and sends a wrong message: without justice, there can be no full democracy. The demand for truth, justice, and non-repetition continues.»

Deputy Matías Ramírez (PC) challenged fellow legislators, saying, «It would be good for so-called progressive parliamentarians who voted in favor of the right-wing Naín Retamal bill, which supported the acquittal of Hernán Crespo for shooting and blinding Gustavo Gatica, to provide an explanation. When you negotiate with the right, it is the right that wins!»

Senator Daniel Núñez (PC) remarked, «When justice allows human rights violations committed by state agents to go unpunished, democracy is weakened. The ruling acquitting Crespo is a blow to public trust. Gatica was left blind, and today the state does not assume its responsibilities and opens the door for it to happen again.»

Deputy Tomás Hirsch (AH) expressed his outrage, stating, «What shame, what pain, what disgust when a criminal is set free. Claudio Crespo shot Gustavo, leaving him blind, and now he is acquitted as if he were an innocent dove.»

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