The Constitutional Court (TC) declared inadmissible an action of inapplicability brought by the defense of one of the carabineros who participated in the aggression of Moses Orders, who on 23 October 2019 came to manifest itself in Plaza Uñoa and f he was assaulted by 12 police personnel, a product of which he ended up in term and lost the vision of his left eye. The action of inapplicability for unconstitutionality called into question the powers of the National Institute of Human Rights (INDH) to file complaints for the crime of torture, a criminal type that was invoked by the INDH and the Public Prosecutor’s Office for the aggression perpetrated by police officers against Orders in the commune of Uñoa.This crime was reclassified a few days ago by the Court of Appeals of Santiago, criminalizing it as unnecessary violence. Attorney Pablo Rivera, INDH’s strategic litigation coordinator, stressed that “the reasoning behind the ruling is strong about our active legitimacy in holding criminal proceedings for the crime of torture, I do think you will have a effect on the rest of the parties.” In addition, he added, “this is the first time that an action has been taken to dismiss the active standing of the INDH to complain about torture and hence the importance of this action of inapplicability being declared inadmissible by the TC”.
translated from Spanish: TC ratified THE legitimacy of the INDH to complain about torture cases
January 10, 2020 |