The Supreme Court revoked the sentence issued by the Court of Appeals of Temuco and rejected the granting of the benefit of probation to Francisco Facundo Jones Huala, convicted as the author of the crimes of arson and illegal carrying of a firearm. The illicit acts perpetrated in December 2016 in the Pisu Pisué farm, commune of Río Bueno, Los Ríos Region.
In a split ruling, the Second Chamber of the highest court – composed of Ministers Haroldo Brito, Manuel Antonio Valderrama, Leopoldo Llanos, Rodrigo Biel and Miguel Vázquez – rejected the appeal for amparo deduced by the defense, considering that the Parole Commission of the Court of Appeals of Temuco adequately weighed the background to deny the benefit, so there is no illegal action of that instance.
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Recall that the leader of the Mapuche Ancestral Resistance left the Temuco Penitentiary Compliance Center in January. The convicted person must return to this chamber.
“It is imperative that those who participate in events as serious as the one that occurred in Pisu Pisué in Río Bueno, pay with jail, is what we expect from each of the events that occurred in our region,” said the presidential delegate of the Los Ríos Region, César Asenjo, slogan Radio Bío Bío.
“This ruling is an important precedent that invites us to trust in justice and all the institutions that work for the peace of our country,” added the presidential delegate.
Factual appeal
Prior to ruling on the amparo appeal, the Criminal Chamber unanimously rejected the factual appeal filed by the Public Defender’s Office against the decision that granted the appeal filed by the Presidential Delegation of Temuco.
“That from the background of the case it appears that the Presidential Delegation was part of the process followed before the Parole Commission, without its participation in that administrative stage having been questioned. Thus, the opportunity to question the active legitimacy by the defense precluded, extinguishing by that fact alone the possibility of challenging the active legitimacy of the Presidential Delegation, “says the resolution.
