Chile’s Supreme Court Revokes ‘Partial Prescription’ and Increases Sentences for Human Rights Violators

Original article: Chile: Corte Suprema anula «media prescripción» y aumenta penas a violadores de Derechos Humanos

The Supreme Court of Chile has complied with a ruling from the Inter-American Court of Human Rights, nullifying the ‘partial prescription’ in over ten cases of human rights violations that occurred during the military dictatorship (1973-1990).

As stated in the judicial bulletin, «the Criminal Chamber, after a specially scheduled hearing to listen to the parties’ arguments, ruled that national sovereignty was not compromised by complying with the international court’s ruling and increased the imposed penalties. In some instances, the physical punishment was reduced due to the convicted individuals being senior citizens,» the note indicates.

The court emphasized that «this matter directly relates to the respect for decisions made by international bodies to which our country has granted that authority, and should not be viewed as a limitation on the powers of national courts. Instead, it should be seen as an enhancement of human rights protections, viewed through the lens of special subjective rights which have both national and international safeguards. This is the perspective under which this matter should be analyzed.»

Accordingly, the judiciary provided the following details: «In compliance with the resolution by the Inter-American Court of Human Rights in the case of Vega González and others vs. Chile, especially regarding resolution point No. 10, after the review of the criminal cases presented to this Supreme Court under the indicated roles, the penalties applied have been increased.»

Specific Statements

a) In the case Rol No. 3.808-2006:

– In the case of Álvaro Julio Federico Corbalán Castilla and Sergio Antonio Díaz López, for their roles as authors in the qualified homicide of victim Juan Luis Rivera Matus, the sentence has been raised, with Corbalán Castilla receiving seven years of major imprisonment at its minimum degree, while Díaz López will serve five years and a day of major imprisonment at its minimum degree, in both cases with the legal accessories of permanent absolute disqualification for public positions and political rights, as well as disqualification from practicing their main professions for the duration of the sentence.

b) In the case Rol No. 6.525-2006:

– In the case of Sergio Héctor Rivera Bozzo (Héctor Sergio Rivera Bozzo), regarding his responsibility as the author of the repeated crime of qualified homicide, the imposed penalty is increased to ten years and one day of major imprisonment at its medium degree, plus the permanent absolute disqualification for public positions and political rights, as well as disqualification from practicing his main profession during the sentence.

– According to arguments presented in the thirty-sixth consideration, for the fulfillment of the remaining new penalty – accounting for the period already served – a total home confinement is granted, monitored through appropriate telematic supervision.

In this regard, the execution judge will order a feasibility technical report, which, if the result is negative, will require a different control measure to ensure the supervision of the penalty by the corresponding penitentiary authority.

c) In the case Rol No. 1.013-2008:

– In the case of Rolf Gonzalo Wenderoth Pozo and Miguel Krassnoff Martchenko, for their roles in the qualified kidnappings of victims Eugenio Iván Montti Cordero and Carmen Margarita Díaz Darricarrere, as author and accomplice, respectively, Wenderoth Pozo’s sentence is raised to ten years and one day of major imprisonment at its medium degree, along with the permanent absolute disqualification for public positions and political rights, plus disqualification from practicing his main profession during the sentencing. Krassnoff Martchenko receives two sentences of five years of minor imprisonment at its maximum degree, along with accessories including permanent absolute disqualification for political rights and from public positions during the sentence.

d) In the case Rol No. 2.406-2008:

– For the condemned Álvaro Julio Federico Corbalán Castilla, concerning his role as the author in the qualified homicides of Felipe Rivera Fajardo, Gastón Vidaurrázaga Manríquez, José Carrasco Tapia, and Abraham Muskablitt Eidelstein, his punishment is increased to twelve years of major imprisonment at its medium degree, along with permanent absolute disqualification for public positions and political rights, plus disqualification from practicing his main profession during the sentence.

– Regarding Jorge Octavio Vargas Bories and Iván Belarmino Quiroz Ruiz, associated with their responsibilities in the killings of José Carrasco Tapia and Abraham Muskablitt Eidelstein, each penalty is raised to fifteen years and one day of major imprisonment at its maximum degree, along with permanent absolute disqualification for public positions and political rights plus disqualification from practicing their main professions during the sentence.

– Regarding Pedro Javier Guzmán Olivares, Gonzalo Fernando Maass del Valle, Jorge Enrique Jofré Rojas, Juan Alejandro Jorquera Abarzúa, Víctor Hugo Lara Cataldo, Víctor Manuel Muñoz Orellana, Eduardo Martín Chávez Baeza, and Carlos Alberto Fachinetti López, concerning their participation as authors in the qualified homicides of the respective victims, each one’s penalty is increased to ten years and one day of major imprisonment at its medium degree, along with the legal accessories of permanent absolute disqualification for public positions and political rights, plus disqualification from practicing their main professions during the sentence.

e) In the case Rol No. 5.337-2008:

– For the accused Leonardo Reyes Herrera, Luis Alberto Soto Pinto, Heriberto Pereira Rojas, Jorge Eduardo Soto Herrera, Luis Osmán Yáñez Silva, Jorge Aliro Valdebenito Isler, and Enrique Alberto Rebolledo Sotelo, for their responsibility as authors in the qualified kidnapping of Jorge Aillón Lara and María Arriagada Jerez, each is sentenced to ten years and one day of major imprisonment at its medium degree, plus the legal accessories of permanent absolute disqualification for public positions and political rights, along with disqualification from practicing their main professions during the sentence.

f) In the case Rol No. 5.847-2008:

– In this process, regarding the convicted Raúl Eduardo Iturriaga Neumann and Manuel Andrés Carevic Cubillos, concerning the responsibility attributed to them in the qualified kidnapping of Félix Santiago de la Jara Goyeneche, their imposed sanctions are increased, establishing the penalty at five years and one day of major imprisonment at its minimum degree, plus the legal accessories of permanent absolute disqualification for public positions and political rights, together with disqualification from practicing their main professions during the sentence.

g) In the case Rol No. 6.349-2008:

– Regarding Gamaliel Soto Segura, concerning his responsibility in the qualified kidnapping of Luciano Aedo Hidalgo, the penalty is increased to five years and one day of major imprisonment at its minimum degree, plus the legal accessories of permanent absolute disqualification for public positions and political rights, along with disqualification from practicing his main profession during the sentence.

h) In the case Rol No. 1.746-2009:

– Regarding the convicted Pedro Octavio Espinoza Bravo and Miguel Krassnoff Martchenko, guilty as authors of the qualified kidnapping of Marcelo Salinas Eytel, the sentence is aggravated to five years and one day of major imprisonment at its minimum degree, plus the legal accessories of permanent absolute disqualification for public positions and political rights, as well as disqualification from practicing their main professions during the sentence.

– Concerning the accused César Manríquez Bravo, regarding his responsibility in the case, where he was declared guilty as an author of the qualified kidnapping of Marcelo Salinas Eytel, his punishment is increased to five years and one day of major imprisonment at its minimum degree, plus the legal accessories of permanent absolute disqualification for public positions and political rights, along with disqualification from practicing his main profession during the sentence.

– In his case, according to the reasoning in the eleventh consideration, the executing court will proceed in accordance with Article 687 of the Code of Criminal Procedure and, based on the existing evidence, will issue the justified resolution, declaring that he shall not serve the deprivation of liberty for the remainder of the sentence, ordering what is appropriate based on the medical legal reports available.

i) In the case Rol 2.335-2009:

– Concerning the defendants Omar Burgos Dejean, Juan Miguel Bustamante León, and Hugo Opazo Inzunza, for their responsibility as authors of the qualified kidnapping of José García Franco, the penalty is set at five years and one day of major imprisonment at its minimum degree, plus the legal accessories of permanent absolute disqualification for public positions and political rights, along with disqualification from practicing their main professions during the sentence.

– About the health situation of convicted Hugo Opazo, according to reasoning in the thirty-third consideration, the executing court will proceed in accordance with Article 687 of the Code of Criminal Procedure, ordering the pertinent measures based on the conclusions of the medical legal report that is to be conducted.

– Regarding the convicted Juan Miguel Bustamante León, given what was specified in the thirty-fifth reasoning, for the fulfillment of the remaining new penalty – accounting for the period already served – total home confinement is granted, controlled through appropriate telematic monitoring.

In this regard, the judge will order the feasibility technical report, which, if the result is negative, will demand a different control measure to ensure adequate supervision of the penalty by the relevant penitentiary authority.

j) In the case Rol No. 3.302-2009:

– Regarding the accused Claudio Abdón Lecaros Carrasco, for his responsibility as the author of the qualified kidnapping of Miguel Antonio Figueroa Mercado, the definitive penalty is set at five years and one day of major imprisonment at its minimum degree, plus the legal accessories of permanent absolute disqualification for public positions and political rights, along with disqualification from practicing his main profession during the sentence.

k) In the case Rol No. 3.378-2009:

– Regarding the responsibility assigned to Miguel Krassnoff Martchenko and Fernando Eduardo Lauriani Maturana, as authors of the qualified kidnappings of Cecilia Miguelina Bojanic Abad and Flavio Arquímedes Oyarzún Soto, the corporal sanction is determined to be ten years and one day of major imprisonment at its medium degree, plus the legal accessories of permanent absolute disqualification for public positions and political rights, along with disqualification from practicing their main professions during the sentence.

l) In the case Rol No. 5.279-2009:

– Finally, regarding the accused Claudio Abdón Lecaros Carrasco, responsible in these acts as the author of the qualified kidnapping of victim Gerardo Encina Pérez, the definitive penalty is established at ten years and one day of major imprisonment at its medium degree, plus the legal accessories of permanent absolute disqualification for public positions and political rights, along with disqualification from practicing his main profession during the sentence.

Check the full ruling HERE

The Citizen