Supreme Court accepts appeal and orders Government authorities to adopt measures “shortly” to protect victims of violence in Arauco

“The authorities appealed must, in a short period of time, after coordinating with the corresponding ministerial portfolios, implement a plan of measures that seeks the efficient and comprehensive protection of people or social groups whose rights have been threatened, with a view to avoiding the occurrence of this type of event against him ”.

This is how direct is the ruling of the Third Chamber of the Supreme Court that decided to accept the resources for the protection of victims of rural violence in the Arauco province, in the Biobío Region, when determining that the country’s authorities have not respected their rights by failing to prevent the multiple attacks carried out by unknown persons in the sector.

In its ruling, the highest court in the country explained that “Various action plans have been developed and implemented in order to encourage the victims of the reported violence to face the pernicious consequences that events of this nature have caused in different sectors of the population, which, of course, has addressed aspects associated with the emotional and patrimonial sphere of the injured parties ”.

It also held that “the people who have been harmed by the occurrence of this type of action, belong to the most vulnerable segments at the national level, while, on the other hand, the delivery of financial resources with the same purpose has also been implemented, such as the delivery of housing subsidies, credits with associated preferential rates ”. This in order to somehow rebuild the impact that such situations have caused in the various productive, commercial and social activities carried out by natural persons, legal entities and social organizations settled in the affected area.

More emphatically in its analysis, the Third Chamber of the Supreme Court explained that “It is possible to notice the lack of effectiveness of the policies implemented to face this type of eventsThe more so since, beyond the undoubted need for reparation or compensation in favor of those who have been affected by the occurrence of this type of criminal act, the truth is that it cannot be lost sight of the fact that the primary focus must be focused on the adoption of measures aimed at preventing such contingencies ”.

On the other hand, he argued that although the implementation of reparation measures turn out to be essential “with a view to achieving both the spiritual and economic benefits that are pursued through its implementation, in no case can the social problem be lost sight of, economic and certainly spiritual that is generated from the repeated execution of actions of this nature ”. Moreover, if it is considered that its harmful effects have a transversal impact on society, but undoubtedly with greater harshness on the most vulnerable groups of the same, ”highlighted the ruling of the highest court in the country.

“Although various measures have been implemented to better deal with the crisis that this type of violence provokes in the population, it is no less true that this function has not been adequately fulfilled, inasmuch as the appellants have nonetheless seen their rights have been threatened ”, he concluded.

The Third Chamber of the Supreme Court was made up of the ministers Sergio Muñoz, Ángela Vivanco, Adelita Ravanales, Mario Carroza and the member lawyer Pedro Águila.

The origin of the unprecedented Supreme Court ruling lies in a protection appeal filed by the lawyer Ricardo Yáñez on behalf of a series of victims of rural violence in the Cañete commune of the Arauco province, Biobío Region, which was rejected by the Concepción Court of Appeals.

The action was directed against the President of the Republic don Sebastián Piñera, the former Minister of the Interior, Víctor Pérez and the former Mayor of the Bio Bio Region don Sergio Giacaman García in order for the court to order a series of protective measures to restore the rule of law.

Among those appearing was the marriage composed of María Ivette Lacoste Catalán and Jaime Iván Rivas Salas, together with their children Jaime Andrés Rivas Lacoste and Luis Alfredo Aguayo Lacoste. In addition to the marriage composed of Irene Eliana Rivas Salas and your spouse John Elias Sales Beloved.

In their presentation, they explained to the appellate court that “In the month of January 2019, there is an abrupt violent takeover of the lands of the Las Vertientes Estate, which is carried out by a group of hooded and armed Mapuches called LOV Elicura, who directly threatened us that if we made a complaint about the violent takeover and requested eviction, we would be attacked in my (Ivette Lacoste) place of residence in the El Pedregal area, Licahue sector, in the Contulmo commune, bearing in mind the consequences ”.

“Faced with the seriousness of the threats, fear, despair and the feeling of helplessness, we also filed a complaint about the threats at the Cañete prosecutor’s office, but the response was a bucket of cold water; They replied that the threats were not a crime, and to date, March 2020, all our properties located in the Elicura sector are illegally occupied, leaving only the El Pedregal parcel where we currently live, ”he said.

It also stated that since the burning of the employer’s house in July 2018 to date, the number of arson attacks and the so-called “recovery of territories” in the area have grown exponentially. These events that have been intensified and made even more visible during this year 2020 due to the increase not only in number, but also in the violence of the acts. “To mention a few, in the Chan Chan sector, about 400 meters from the private homes of Irene Rivas Salas and her grandson Carlos Marfil and her spouse Verónica Soto and the Chan Chan Condominium Cabins (owned by the family) have been burned about 15 trucks (forestry and others), in each one of the acts, drivers are intimidated, there are dozens of shots, shouts, road blocks and power outages (which can last for days), facts that naturally they cause fear and a feeling of vulnerability in the sector ”, he concluded.

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