Chile admitted its responsibility in reducing sentences for crimes against humanity committed by the dictatorship

Spread the love

The lawsuit against the State alleges that the Supreme Court of Justice, acting as a court of criminal cassation, decided, between 2007 and 2010, to mitigate the sanctions granted to those responsible for the facts through the application of the “half prescription” or “gradual prescription”

Chile admitted its responsibility in reducing sentences for crimes against humanity committed by the dictatorship

Chile admitted its responsibility in reducing sentences penalties for crimes against humanity committed by the dictatorship. (AP)

The Chilean State acknowledged its responsibility for the application of half the statute of limitations to crimes against humanity committed during the dictatorship; admitted that with this he violated the rights of the victims and left the corresponding sanction in the hands of the Inter-American Court of Human Rights (IACHR).

“The State wants to reiterate the clear acknowledgment of international responsibility regarding the facts that constitute the core of the case and that are linked to the statute of limitations or gradual statute of limitations in cases related to crimes against humanity,” it stated Chilean State agent, Catalina Fernández, during the final arguments of a hearing before the IACHR.

The Inter-American Courtheld this Wednesday a hearing on the case Vega González et al. against Chile, which refers to the international responsibility of the Chilean State for the application of the “half prescription” or “gradual prescription” in the framework of the criminal proceedings of 14 petitions related to crimes against humanity, in which 49 people appear as victims.

The lawsuit against the State alleges that the Supreme Court of Justice, by intervening as a court of criminal cassation, decided, between 2007 and 2010, to mitigate the penalties awarded to those responsible for the facts by applying the “half prescription” or “gradual prescription”, provided for in article 103 of the Chilean Penal Code for common crimes.

Chile admitted its responsibility for reducing sentences for crimes against humanity committed by the dictatorship

The inter-American court held a hearing on Wednesday for the Vega González et al. v. Chile case, which refers to the international responsibility of the Chilean State for the application of the “half prescription” or “gradual prescription” in the framework of the criminal proceedings of 14 petitions related to crimes of lesa humanity. (Europa Press)

Said provision is applicable when the person responsible for the crime appears or is found after half the time allotted for the prescription of criminal action has elapsed.

In the final arguments of the hearing , Fernández acknowledged that “debts persist on the part of the State of Chile with the victims of the dictatorship” and that the application of the half prescription “represented a violation” of various rights of the victims, since it should not have apply to crimes against humanity

“The victims in this case not only suffered state violence manifested in the dispossession of their loved ones, but once democracy was restored they had to continue facing various obstacles in the search for truth, justice, and reparation,” Fernández said.

The state agent stated that it will be up to the IACHR to “determine the scope of responsibility” of the Statetaking into account the changes in domestic jurisprudence in recent years and added that the state representation hopes that the court's decision “will contribute to the state's efforts in this matter”.

In addition , assured that the State is willing to move towards reparation for the victims.

During the hearing, he testified as a victim Iván Carrasco, whose father, journalist José Carrasco, was assassinated in 1986 during the dictatorship by state agents.

Chile admitted its responsibility in reducing sentences for crimes against humanity committed by the dictatorship

It will be up to the IACHR to “determine the scope of the responsibility” of the Chilean State in the crimes committed during the dictatorship.

Carrasco recounted that his father's murderers were sentenced to prison, but in 2009 the Supreme Court applied the half prescription and reduced the sentences to less than 5 years and granted them probation.

“It seems very important to us that the Inter-American Court decrees that half prescription or gradual prescription is a figure that should not be applied in Chile in the case of human rights violations and in the case of my father we are asking that the ruling be annulled”, he pointed out.

The representatives of the victims asked the IACHR for a ruling annulling the application of the half statute of limitations for crimes against humanity, since they are imprescriptible crimes.

After this hearing, the parties have one month to present their final written arguments and from then on the IACHR may issue a sentence in the following months.

(With information from EFE)

Continue reading:

Previous Article
Next Article

Leave a Reply

Your email address will not be published. Required fields are marked *