FIVE YEARS AFTER THE ESTALLIDO SOCIAL, THE START OF LEGAL PROCEEDINGS AGAINST POLICE COMMANDERS COULD BE A MILESTONE IN THE FIGHT FOR JUSTICE

Amnesty International contributed background information to this criminal investigation, relating to the general violation of the right to physical integrity which occurred between 18 October and 30 November 2019, as documented in the report “Eyes on Chile: Police violence and command responsibility during the period of social unrest”

Today marked the formal beginning of the criminal investigation against three people who served as senior Carabineros commanders during the political repression of protests in 2019. Under their leadership, two people died at the hands of the police and thousands suffered serious injuries, including irreversible eye damage. At this hearing, which has been anticipated for over nine months, the North Central Metropolitan Prosecutor’s Office formally informed that it is investigating these individuals for their possible participation as perpetrators of the omissive crime of unlawful coercion, resulting in serious injuries and homicide, and that this will initiate legal proceedings.

According to international law and Chilean legislation, commanders in charge of police forces are, under certain circumstances, liable for the acts of their subordinates, including when they have omitted to supervise them. Amnesty International noted this in its reports from 2020, “Eyes on Chile”, 2021, “Commanders’ criminal liability by omission” (“Responsabilidad penal por omisión de los mandos”, in Spanish) and in a new report published today, “Obligations under international law to investigate and punish superiors responsible for human rights violations” (“Obligaciones de derecho internacional de investigar y sancionar a los responsables jerárquicos de violaciones de derechos humanos”, in Spanish).

The start of legal proceedings, which are set to begin after this hearing, will clarify whether these commanders had individual criminal liability for failing to prevent the serious injuries caused to thousands of protesters, despite having the ability to do so, as per their obligation.

“This hearing shows that it is possible to prosecute not only the people who pulled the trigger, but, above all, those who failed to do everything in their power to prevent indiscriminate shooting at protesters. Responsibility for these acts must be commensurate with the responsibility of the position they held”, said Ana Piquer, Americas Director at Amnesty International.

This hearing shows that it is possible to prosecute not only the people who pulled the trigger, but, above all, those who failed to do everything in their power to prevent indiscriminate shooting at protesters. Responsibility for these acts must be commensurate with the responsibility of the position they held.

Ana Piquer, Americas Director at Amnesty International.

Since October 2019, Amnesty International and other Chilean and international human rights bodies and organizations have denounced the indiscriminate and improper use of shotguns loaded with metal and rubber pellets by Carabineros, which left thousands of people injured and over 400 people with severe eye damage. Today, there are more than 1,100 cases of unlawful coercion (mistreatment) caused by this sort of action, which highlights the broader damage inflicted by the actions of the Carabineros.

The criminal investigation into the police commanders who allowed this to happen is a milestone for Chile. Every day, in many countries, the right to protest is being threatened by the use of extremely harmful weapons and ammunition which international law prohibits for use in controlling protests. Today, Chile has the historic opportunity to hold accountable those in position of power who did not act to prevent irreversible harm to thousands of people.

Amnesty International welcomes this hearing, which will conclude tomorrow, as the start of a legal process that, with the relevant due process guarantees, will clarify the facts and determine the liability for the serious human rights violations committed since 2019.

“The eyes of the world are still on Chile. Bringing charges against commanders is a valuable precedent for other countries in the region, but especially for Chile and the victims of political violence, who have resisted for five years so that this door to justice could be opened”, said Rodrigo Bustos, Executive Director of Amnesty International Chile.

The eyes of the world are still on Chile. Bringing charges against commanders is a valuable precedent for other countries in the region, but especially for Chile and the victims of political violence, who have resisted for five years so that this door to justice could be opened.

Rodrigo Bustos, Executive Director of Amnesty International Chile.

Lastly, Amnesty International welcomes the departure of the current Director General from his role, since, as the organization has reported on numerous occasions, his continued presence constituted a risk to procedural evidence and compliance with guarantees of non-repetition.

Additional information

Amnesty International contributed background information to this criminal investigation, relating to the general violation of the right to physical integrity which occurred between 18 October and 30 November 2019, as documented in the report “Eyes on Chile: Police violence and command responsibility during the period of social unrest”. In particular, this report revealed that, through deliberate acts of omission, multiple Carabineros commanders – including the current Director General and then Director of Order and Security – implemented a strategy to silence the protests, which made indiscriminate and improper use of shotguns loaded with seriously harmful ammunition, leaving thousands of people injured and over 400 people with eye damage.

For more information or to arrange an interview, please contact press@amnesty.org