E/CN.4/2000/9
page 45
he fell, he was immediately given aid. The officer in charge of the vehicle made
available for the detainee's transfer to the Capitán Yaber Preventive Detention
Centre refused to transport him in view of the fact that he was injured. For
this reason, an ambulance was called, and while the necessary papers were being
signed, Mr. Gana Valdés again fell to the ground. He refused to get into the
ambulance and was beaten inside the vehicle for offering resistance to the
paramedical staff. He was taken to hospital, diagnosed as having
"cerebroencephalic trauma with severe complications", and discharged on
26 November 1996. Following these events, the duty officer was reprimanded for
not going to the guard room to determine for himself the cause of the detainee's
injuries. The investigating officer of the Court of First Instance was given one
day's service arrest as punishment for his delay in recording the charge of
injuries, which slowed down the investigation. The same punishment was given to
the first guard officer on duty on 24 September for not having sought medical
assistance after the detainee's first fall. The corporal responsible for
guarding the detainee was given fifteen days' service arrest as punishment. The
charge of injuries brought by the spouse of Patricio Gana Valdés was dismissed
and the case closed in April 1997, as the Government indicated in its letter of
10 February 1999.
200.
Peter Carter Zamorano was allegedly detained and tortured by carabineros
on 30 September 1996. The Government indicated that, as reported by the guard
officer concerned, he was arrested for drunken driving, had oral and dental
injuries and his car was damaged. Because of his injuries, and in order to
measure his blood alcohol content, he was taken to the emergency ward at San
José hospital, and the relevant results were reported. The above information
shows that the injuries were sustained before his detention. Mr. Zamorano
preferred charges and the case is now in pre-trial investigations before the
judicial authorities, with no personnel implicated in the proceedings. The
Government provided these facts in its letter of 10 February 1999.
201.
Manuel Melipil Barrera, aged 16, was reportedly detained and tortured
together with a friend on 11 October 1996 by carabineros in Santiago. According
to the Government, inquiries have led to the attribution of responsibilities and
the imposition of administrative penalties. The guard officer was given one
day's service arrest for using force on a minor during arrest, failure to report
the arrest and provision of false information in order to elude responsibility;
the second patrol chief on duty was given four days' service arrest for highspeed pursuit of the vehicle in which Manuel Melipil Barrera was riding,
jeopardizing the physical safety of third persons, firing three shots into the
air without reporting the fact, replacing the munitions and giving false
information; the driver of the van that pursued the vehicle was given three
days' service arrest for high-speed driving and giving false information; and an
accompanying carabinero was given three days' service arrest for giving false
information. The proceedings initiated in connection with Manuel Melipil
Barrera's charge of excessive force are in pre-trial investigations. In its
letter dated 10 February 1999, the Government indicated that the case was not
heard by the Military Prosecutor's Office owing to a procedural error that was
not rectified in good time.
202.
Rigoberto Antonio Mallias Díaz was reportedly subjected to torture in
December 1996 because he failed to perform a military manoeuvre correctly during
his compulsory military service. The Government indicated that in May 1997,
proceedings had been initiated in the Court of the Air Force and were in pretrial investigations. An application for the remedy of protection on behalf of
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