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On June 19, 2024, the Supreme Court docket issued a unanimous choice condemning three former members of the Investigative Police for his or her duty within the licensed murders of René Paredes Cortínez and Vino Fidel Valdés Morales , which came about in October 1973 within the Tocopilla barracks. The Second Chamber of the best court docket rejected the appeals introduced by the protection of the accused, thus confirming the ruling of the Court docket of Appeals of La Serena.
Within the appointment of case 12,540-2022, the ministers Manuel Antonio Valderrama, Leopoldo Llanos, María Teresa Letelier, Jean Pierre Matus and the lawyer Pía Tavolari, determined that there was no error within the controversial sentence, which convicted him Osvaldo Carmona Otero, Sergio Méndez Henríquez and Ricardo Jilberto Gómez Centella to fifteen years and at some point in jail as perpetrators of licensed homicide crimes.
The choice reveals that the defendants gave causes for his or her utility that weren’t appropriate with one another, which led to its speedy rejection. The decision signifies that with a view to suggest the primary of the grounds for cassation in response to the deserves talked about in article 546 of the Code of Prison Process, it’s obligatory to simply accept the information established by the sentence and questioning concerning the utility of the sentence in relation to the crime. . Nonetheless, by proposing a purpose for absence in response to the seventh paragraph of the identical article, it’s contested to adjust to the legal guidelines governing proof, which creates an inadmissibility of inevitable.
The Supreme Court docket confirmed that, in response to the legislation, the judges have substantial jurisdiction in figuring out the information and evaluating the proof, and their choice can’t be reviewed until there’s a severe violation of the reveal regulatory requirements. On this case, the Court docket determined that the trial judges didn’t violate these guidelines.
Lastly, it was determined: “The cassation appeals on the deserves filed by the defendants of the convicted Osvaldo Carmona Otero, Sergio Méndez Henríquez and Ricardo Jilberto Gómez Centella, in opposition to of the choice dated February 23, 2022, are rejected.
This choice reaffirms the duty of earlier investigators within the warrant murders dedicated in 1973, affirms the seek for justice for the victims and their households, and affirms the dedication of the Chilean judicial system to the safety of human rights.
