The Valparaíso office of Chile’s National Institute of Human Rights (INDH) announced it will review the ruling by the Viña del Mar Oral Criminal Court (TOP), which deemed the sentences imposed on two Carabineros for crimes committed during the 2019 social uprising to be already served.
«When proportionate penalties are not applied in cases of serious human rights violations, it signals impunity and fails to ensure non-repetition,» said INDH Valparaíso attorney Javiera Tapia.
The institution explained that the TOP sentenced Carabinero M.A.A.G. to three years and one day for unlawful coercion and to 280 days for unjustified gunfire, while Carabinero M.A.G.Y. received a 280-day sentence for unjustified gunfire.
In both cases, the court counted the custodial terms as served through time spent in pretrial detention or house arrest and, at the same time, barred them from holding public office for the duration of their sentences.
The INDH expressed concern about inconsistencies in how the penalties were determined—particularly the assessment of mitigating and aggravating factors—and about how provisions of both the Penal Code and the Gun Control Law were applied.
The facts
The court found that on October 22, 2019, amid demonstrations around the Vergara and Sucre squares in Viña del Mar, Captain M.A.G.Y. and First Sergeant M.A.A.G. unjustifiably used their service firearms against people present, breaching Circular 1832 of March 1, 2019, the Carabineros use-of-force protocol in effect at the time.
The shots fired by M.A.A.G., the court concluded, caused injuries of varying severity to six nearby people, one of whom was under 18 at the time.
According to the judicial investigation, these injuries «not only caused physical harm that interrupted work, sports, and personal activities, but also disrupted their lives with emotional and psychological effects that have been difficult to overcome.»
However, in a majority decision, the Viña del Mar TOP ruled that both defendants benefited from their previously impeccable conduct: their records show no prior convictions. The court also considered social reports for each. Those reports note that, at the time of sentencing, Captain M.A.A.G. remained on active duty in Carabineros and, in a matter unrelated to the crime, reported being a victim of the February 2024 wildfire in the region, the INDH said.
Finally, the Institute reiterated that this is the second trial over these events: in the first, both officers received non-custodial sentences for unjustified gunfire. The INDH office then filed an annulment motion with the Valparaíso Court of Appeals, which was granted, ordering a new trial.
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