E/CN.4/2000/9
page 46
Mr. Mallias Díaz was made to the Santiago Court of Appeals, but was rejected. In
May 1997, he was dismissed from military service.
203.
Richard Busto Suárez was allegedly tortured by carabineros from Santiago
Police Station No. 7 on 2 January 1997, when he went to give a statement about
having been shot in the leg by carabineros the previous day. The Government
indicated that during an operation, a number of persons attacked the
carabineros, who used firearms for the purpose of intimidating them. Mr. Busto
Suárez was one of those accused of inflicting minor injuries on an officer and
damaging a police vehicle and had been wounded in the left thigh. Investigation
of the facts revealed that the responsible officer had not reported all the
necessary information on the events. For this he was given a warning. Other
procedural errors were also detected, such as failure to note such circumstances
as numerical inferiority, the nature of the sector's inhabitants and the low
socio-economic level, which had combined with "the experience and impetuousness
of an officer of second lieutenant rank" to create the conditions surrounding
the events. Judicial proceedings had been brought before the Sixth Military
Prosecutor's Office in Santiago and were in pre-trial investigations, with no
committal order having been issued. The Government provided these facts in its
letter of 10 February 1999.
204.
Marcos Sánchez Andrade was reportedly tortured by officers of the Special
Prison Anti-Riot Brigade on 17 January 1997. The Government indicated that
Mr. Sánchez Andrade and an officer were both injured when he assaulted the
officer, who was taking him to a new location. He had been given medical
treatment initially by health personnel of the establishment and, on 19 January,
by staff of the central treatment facility. An internal investigation showed no
responsibility on the part of prison staff. The Government provided these facts
in its letter of 10 February 1999.
205.
Francisco Alberto Soto Pávez was allegedly assaulted on 30 April 1997 by
members of the Pudahuel Norte police force and suffered severe injuries. The
Government indicated that an investigation had been launched into the police
actions. Based on the testimony of neighbours who were present at the time of
the events and by decision of the relevant prefecture, the officers involved
were deemed to have made false statements in order to elude responsibility. For
this they were given administrative sanctions: 30 days' arrest for two of them
and 25 days' arrest for three others. Charges of excessive force brought before
the Sixth Military Prosecutor's Office in Santiago were in the pre-trial
investigation stage with no committal order having been issued against
institutional staff. In its letter of 10 February 1999, the Government indicated
that the Santiago Military Court was considering the possible combination of
that case with another being processed by the Second Military Prosecutor's
Office of Santiago.
206.
By letter dated 29 October 1998, the Special Rapporteur transmitted to
the Government the cases of Oriana Guillermina Alcayaga Yepeda, Roxana Paz Cerda
Herrera, Magdalena de la Ángeles Gallardo Bórquez, María Angélica Medina Soto,
Eugenia Victoria Mellado Reyes, Flora Luisa Pavez Tobar, Pilar Alejandra Peña
Rincón, Doris Magdalena Ojeda Cisternas, Margarita Elizabeth Reveco Pérez, Ana
María Sepúlveda Sanhueza, Giovana Tabilo Jara and Rosa Ester Vargas Silva,
inmates of the Women's Guidance Centre in San Joaquín. They were allegedly
subjected to torture on 15 July 1997 by members of the Santiago Prison Anti-Riot
Brigade (see E/CN.4/1999/61, para. 112). In its letter dated 10 February 1999,
the Government indicated that it was the violent and aggressive reaction of the
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