The Santiago Court of Appeal on Wednesday upheld the conviction against Mauricio Hernández Norambuena for the kidnapping of Christian Edwards and the death of former senator Jaime Guzmán.
The high court argued that the action brought by the defense applies to individuals in trial proceedings, not convicted persons.
«The application of this rule has been conceived by the legislator for the purpose of determining a penalty to those who are in the process of trial and not in relation to convicts who have already been punishable by final judgment,» the ruling states.
«The decision of the Minister in extraordinary visit finds his livelihood only in the condition imposed by the Supreme Federal Court of the Federal Republic of Brazil to give effect to the extradition decided by judgment of 26 August 2004 and, by It is therefore strictly the fulfilment of the commitment made by the State of Chile due to the delivery of the extradited to the national authorities,» the resolution adds.
«Commander Ramiro» must serve two 15-year sentences. However, the former Frentista will be deducted from his time in the High Security Jail before escaping in 1996, and the time he spent in prison in Brazil.
Read the Court of Appeals ruling here.