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Startseite Urgent Actions 2023 01 Justice for victim of torture at risk
UA 004/23
Chile
Aktiv seit 17. Januar 2023 | Noch 22 Tage Laufzeit

Justice for victim of torture at risk

AI-Index: AMR 22/6360/2023

In October 2019, Moisés Órdenes was attacked by Chilean police officers, Carabineros, while peacefully demonstrating. Over three years since then, on 5 December 2022, the public prosecutor at Santiago’s Eastern Metropolitan Office in charge of investigating the case decided to close its investigation into seven out of the 13 officers charged with the attack. Moises’ family and lawyers claim there are inquiries left to be performed and that the investigation is far from exhaustive. We call on the Regional Prosecutor at Santiago’s Eastern Metropolitan Office to reopen the investigation into those seven officers and guarantee Moisés Órdenes’ right to justice.

ADDITIONAL INFORMATION

In mid-October 2019 millions took to the streets throughout Chile to demand equality and social and economic rights, including decent pensions, housing, quality public education, and healthcare. President Sebastian Piñera responded with a state of emergency decree and deployed the Army and Police ('Carabineros') to suppress the protests. Amnesty International sent a crisis team to the country and documented human rights violations and even crimes under international law perpetrated by the security forces.

In its year-long investigation, Eyes on Chile: Police violence and command responsibility during the period of social unrest, Amnesty International exposed 12 emblematic cases of death, torture and injuries caused by agents of Carabineros between 18 October and 30 November, including the acts of torture allegedly suffered by Moisés Órdenes. The report concluded the suspected responsibility of Carabineros commanders for the human rights violations that took place on their watch.

On Monday, 21 October 2019, at approximately 20:40, 55-year-old Moisés Órdenes, was demonstrating peacefully in the Plaza Ñuñoa area, Ñuñoa commune, Metropolitan Region. Moisés was beating a frying pan and wooden spoon (“caceroleaba”) and recording on his phone as the demonstrations that had gone on throughout the afternoon were dispersing.

Suddenly, and without any provocation, a group of officials from the Special Forces (Fuerzas Especiales, FFEE) began to attack him violently, first shoving him and then beating him with riot-control batons. Moisés was kicked in the back violently, which knocked him over and he fell, slamming his face on the ground.

The officials continued to beat him with their fists, feet and batons on his face, head and the rest of his body while he was on the ground; this was broadcast live by the Chilevisión channel’s news cameras. When he managed to stand up, his face bleeding profusely, the officers detained him and put him in a police vehicle.

At approximately 21:40, Moisés was transferred to the emergency room of El Salvador Hospital, where the following injuries were recorded: multiple trauma, with «a. closed left eye severe trauma; b. closed trauma to the left thorax contusions; c. dental fracture left central incisor; d. reduced anterior left shoulder dislocation; e. non-displaced comminuted left nasal fracture; i. multiple rib fractures (9-10-11) and mild left pneumothorax». On that occasion, Moisés spent nine days in El Salvador Hospital. On 20 November, he had to be readmitted due to a perforated lung. He was finally discharged on 10 December. The beating resulted in the loss of his left eye and retinal detachment in his right eye, as well as injuries to the body.

Based on its initial investigation, the prosecutor’s office identified the 13 officials who participated in the incident, who were formally charged with the crimes of torture causing very serious injury; five were charged with having actively tortured Moisés and eight with having allowed torture to occur and doing nothing to stop it. The officer in charge of the operation was a lieutenant who was head of Section 2 of the 28th Special Forces Police Station (FF33 43-02) and is one of those who beat Moisés. Of the 13 officials charged with torture, 11 were also charged with falsifying a public document, because of the false information they gave in relation to the complaint and in their statements during the administrative process, and for obstruction of the investigation, because of their lack of cooperation during the investigation and their contradictory statements.

On 1 December 2022, the public prosecutor announced its decision to continue its investigation into seven of these officials. On 5 December, the deputy prosecutor for highly complex and organised crime at Santiago’s Eastern Metropolitan Regional Office announced its decision to desist in its investigation into these seven officials, despite family and lawyer’s claims that investigative actions they had formally requested remain to be carried out.

 

Take action

  • Write an appeal in your own words or use the model letter below.

  • Take action on Social media: Infos see the yellow field on the right

  • Please take action before 24 February 2023

  • Preferred language: Spanish. You can also write in your own language.

Model letter

Model letter in Spanish open here / Aqui modelo de carta en español

Señora Fiscal Lorena Parra:
Me dirijo a usted para expresarle mi honda preocupación por el riesgo de que los actos de tortura sufridos por Moisés Órdenes a manos de agentes de los carabineros queden impunes.
La decisión de la Fiscalía Regional Metropolitana Oriente encargada de este caso de archivar la investigación sobre siete carabineros inicialmente acusados de tortura, obstrucción a la justicia y ocultación en un caso de graves violaciones de derechos humanos es prematura, considerando que aún no se han llevado a cabo importantes acciones investigativas solicitadas por los abogados de Moisés, y también es contraria a la obligación internacional contraída por Chile de investigar exhaustivamente y castigar los actos de tortura.
Además, las demoras de los carabineros a la hora de cerrar sus investigaciones internas crean un entorno hostil para el proceso judicial y son contrarias a las garantías de no repetición.
Le pido que garantice que la investigación sobre las violaciones de derechos humanos sufridas por Moisés Órdenes se reabre y se lleva a cabo de manera exhaustiva, independiente y oportuna. Moisés debe ver garantizado su derecho a la justicia, la verdad y la reparación, y todos los policías sospechosos de ser penalmente responsables de sus lesiones deben rendir cuentas en juicios justos.
Atentamente,

- - -

Dear Prosecutor Lorena Parra,

I am writing to express my deep concern over the risk that the acts of torture endured by Moisés Órdenes at the hands of Carabineros police officers go unpunished.

The decision by the Eastern Metropolitan Regional Prosecutor’s Office in charge of his case to close the investigation into seven Carabineros officers initially charged with torture, obstruction of justice and concealment in a case of grave human rights violations is premature, considering important investigative actions still remain to be carried out as requested by Moisés’ lawyers, as well as contrary to Chile’s international obligation to fully investigate and punish acts of torture.

Additionally, the delays from Carabineros in closing their internal investigations create a hostile environment to the judicial process and goes against guarantees of non-repetition.

I call on you to ensure the investigation into the human rights violations suffered by Moisés Órdenes is reopened and carried out in an exhaustive, independent, and timely manner. Moisés must see his right to justice, truth and reparation guaranteed and all the police officers suspected of criminal responsibility for his injuries must be held to account in fair trials.

Yours sincerely,

 

Appeals to

Lorena Parra
Fiscal Regional Metropolitana Oriente
Los Militares N°5550,
Comuna de Las Condes
Santiago
Chile

Email: lparra@minpublico.cl

 

Copies to

Botschaft der Republik Chile
Eigerplatz 5
3007 Bern

Fax: 031 370 00 55
E-Mail: embajada@embachile.ch

 

 

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Letter delivery to other countries - General info:
It is possible to send PRIORITY letters to almost all countries.
Please check
on the Website of the Swiss Post, whether letters are currently being delivered to the destination country.
If not, we ask you to use other communication channels (email, fax or social media, if available) for the delivery of your appeal and/or send it via the embassy with the request for forwarding to the named person.


Response on your appeal/letter

It might be that you will receive a reply to your appeal letter. You do not have to answer to it by yourself, but we would be grateful if you would send us this letter. Ideally scanned by e-mail to ua@amnesty.ch. We forward the replies to the relevant research team (via Amnesty's International Secretariat). The colleagues analyze the content and decide on how to proceed, which may be reflected in a Further information.

Incidentally, we do not fear any consequences for UA activists in Switzerland. However, it makes sense to consider not to wrtite a letter if you intend to travel to the country (or have family there). This applies above all to «problematic» and repressive countries. (Russia, Turkey, China, ...)

Social media

→ Please note that Twitter identifies tweets with exactly the same content as generated by bots and deprioritises them, which is why we encourage everyone to slightly adjust the suggested copy and prioritise the use of the same hashtag.

Twitter handle:

@fiscaliaoriente @FiscaliadeChile

Instagram Fiscalía Nacional:

https://www.instagram.com/fiscaliadechile/

Hashtag:

#OjosSobreChile #EyesOnChile

- - -

Suggested copy:

(1)

#OjosSobreChile: Exigimos que la @fiscaliaoriente de Santiago realice una investigación exhaustiva de los miembros de @Carabdechile responsables de las graves violaciones de derechos humanos sufridas por Moisés Órdenes en octubre de 2019. ¡Basta de impunidad, @FiscaliadeChile!

#EyesOnChile: We call on @fiscaliaoriente in Santiago to fully investigate the officers in @Carabdechile responsible for the grave human rights violations suffered by Moisés Órdenes in October 2019. @FiscaliadeChile, put an end to impunity!

(2)

Spanish only: Exigimos a la @fiscaliaoriente de Santiago que reabra la investigación de los 7 miembros de carabineros involucrados en la brutal golpiza a Moisés Órdenes y realice todas las pericias pendientes solicitadas por su familia #OjosSobreChile

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