There has been another significant decision limiting the scope of military jurisdiction in Chile. Details appear here. In a nutshell, a panel of the Supreme Court has unanimously held that a case arising from the death of a civilian in a police van must be transferred from military to civilian jurisdiction. The victim died of asphyxiation and high temperature within the van. From a news account:
For an earlier ruling limiting jurisdiction click here.
The Supreme Court found that the military justice system does not provide the necessary guarantees and the protection of the rights of victims in a recent ruling concerning merchant Jorge Aravena, who was killed after being forced by police officers from the First Precinct of Rancagua to remain inside a police van in February this year. This was one of the reasons why it decided to transfer the process to the [civilian] court of Rancagua. [Rough Google translation.]The victim was held in the van for hours after a military prosecutor had ordered his release, according to this account. He had been arrested for failing to pay his bill at a restaurant.
For an earlier ruling limiting jurisdiction click here.
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