Approximate reading time: 1 minute, 58 seconds
In a ruling that marks an important precedent in the search for justice and accountability, the Court of Appeals of San Miguel rejected the appeal for annulment presented by the defense, confirming the sentence that convicted two Carabineros officials for their participation in coercion. illegitimate victims during the 2019 social outbreak against Mario Rigoberto Acuña Martínez, which resulted in permanent and definitive functional consequences, resulting in total work inability and inability to self-care, among other injuries.
The defendants, Henry Gionanny Cuéllar Vega and Víctor Antonio Lastra Marguirott, face a sentence of 12 years and 183 days in prison for their role as perpetrators of the consummated crime of illegitimate coercion resulting in very serious injuries. This crime occurred in October 2019 in the commune of Buin and has left permanent consequences on the victims, which underlines the importance of this verdict.
The ruling issued unanimously by the First Chamber of the appeal court, composed of Minister Alondra Castro Jiménez, judicial prosecutor Carla Troncoso Bustamante and lawyer (i) Carlos Espinoza Vidal, rejected the defense’s allegations in relation to the alleged violation of logical principles and contradictions in the initial sentence issued by the Oral Criminal Trial Court of San Bernardo.
The resolution highlights that, after an exhaustive analysis of the sentence and the evidence presented, no reported violations were found. The court highlighted the precise and accurate motivation in the decision that attributes responsibility to the accused, and the ruling explains in detail the reasons behind the evaluation of the evidence presented and its rejection. No contradiction is observed in the terms stated, which validates the integrity of the process.
Consequently, the court decided to reject the annulment appeal presented by lawyer Tomás Reyes Arancibia, who represented Henry Cuéllar Vega and Víctor Lastra Marguirott. The sentence handed down on August 3, 2023 by the Oral Criminal Trial Court of San Bernardo was ratified, concluding that neither the sentence nor the previous trial are null.
The case in question is related to an episode that occurred around 11:15 p.m. on October 23, 2019, during citizen demonstrations in the commune of Buin. In this context, a group of peaceful protesters, including Mario Rigoberto Acuña Martínez, were on Bajos de Matte and El Olmo streets. At that moment, a Chilean Carabineros patrol, Z-7076, arrived at the scene. Although there was no dangerous behavior on the part of the protesters, Carabineros officials fired pellets, injuring several people.
In the same scenario, Henry Cuéllar Vega and Víctor Lastra Marguirott entered a small square and violently beat Mario Rigoberto Acuña Martínez, causing serious trauma, including injuries to the brain and cranial nerves, as well as serious cranial brain trauma. These injuries required a significant time for him to recover, between 150 and 160 days, and left permanent and definitive functional sequelae, resulting in total work inability and inability to self-care, among other injuries.
This court ruling reinforces the importance of accountability and justice in cases of abuse of power, especially when they involve security forces. Likewise, it highlights the need to guarantee that the fundamental rights of citizens are respected, even during situations of social protest. Chilean society continues to seek answers and justice in a tumultuous period of its recent history
