The Oral Criminal Court (TOP) of Angol declared retired Carabineros Colonel Marco Aurelio Treuer guilty on Wednesday of the murder of Alex Lemún (17). The crime occurred in November 2002, in the midst of the occupation of the Santa Alicia farm in Angol.
“The defendant is responsible for participating as the author, for having intervened immediately and directly,” said Judge Eduardo Rojas.
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“Marco Aurelio Treuer will have to be convicted as the perpetrator of the aforementioned crime,” Rojas continued.
“The accusation made by the plaintiffs of the family and the National Institute of Human Rights is discarded, in the sense that these facts would correspond to a qualified homicide,” he added.
The hearing to read the ruling will be held on November 5 at 2:00 p.m.
On November 7, 2002, the Mapuche community “Aguas Buenas” occupied the Santa Alicia estate in Angol. Carabineros personnel went to the place and community members attacked them with stones. Police officers used tear gas and rubber bullets.
In that context, Treuer, who was on a hill in the sector, changed the ammunition of his shotgun: from rubber pellets to lead poles. The then carabinero shot at Lemún, 17, from a distance of between 70 and 100 meters. The bullet hit him in the head. Therefore, he remained in a coma, dying on November 12, 2002.
Recall that Treuer had already been convicted by justice. In October of last year, Angol’s TOP handed down a three-year prison sentence. However, given that the former uniformed man was in preventive detention at several stages of the process, the sentence was considered fulfilled.
Once the sentence was known, the family of Alex Lemún filed an appeal for annulment, arguing that the penalty was “excessively low”.
The Third Chamber of the Court of Appeals of Temuco accepted in December the appeal for annulment filed by plaintiffs and the Public Ministry and ordered the holding of a new oral trial
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