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Original article: «Es un veredicto de impunidad»: Director Ejecutivo de Amnistía Internacional Chile acusa que valoraciones políticas influyeron en absolución de Crespo

Amnesty International Chile’s Director Claims «Impunity Verdict» Influenced by Political Bias in Crespo Acquittal

Rodrigo Bustos Bottai, Executive Director of Amnesty International Chile, described the not guilty verdict for former Carabineros lieutenant colonel Claudio Crespo Guzmán as an «impunity verdict» that disregards substantial evidence and is based on political considerations and a law that severely restricts police accountability.

The ruling, delivered by the Fourth Oral Criminal Court in Santiago on Tuesday, January 13, acquitted the former officer of charges related to the injuries that left elected deputy and sociology student Gustavo Gatica blind on November 8, 2019.

The court concluded that there was no intent in his actions, claiming he acted in legitimate defense and within legal use of force, asserting Gatica was involved in «violent protests» and was carrying a stone.

For Bustos, this judicial decision represents a significant setback for human rights and justice in Chile.

«There is a judicial truth that is quite clear based on all the evidence presented in the trial, which is very compelling. Therefore, Mr. Crespo did not emerge as not responsible for the actions that led to Gustavo Gatica becoming blind. However, the verdict grants impunity to Gustavo Gatica, his family, and Chilean society as a whole,» he stated during an interview with Línea 1 on Radio Usach and TV Usach.

The Shadow of the Naín-Retamal Law

One of Bustos’ central critiques focuses on the application of Law No. 21.343, known as the Naín-Retamal Law, enacted in May 2023, under the pro reo principle. The court determined that its provisions, which are more favorable to the accused, should be applied retroactively.

The international representative referred to the impact of this regulation on the acquittal of the former Carabinero.

«This law was pivotal in dismissing the charge of unlawful coercion. The Naín-Retamal Law changes the definition of unlawful coercion and requires a breach of respective Carabineros regulations, which effectively severely limits the ability to sanction cruel, inhuman, or degrading treatment,» he asserted.

This change—he argued—raises the burden of proof to such an extent that it practically immunizes certain acts of police violence, even when their consequences are as severe as permanent blindness.

«Observations and Political Context Evaluations»

Beyond the legal aspects, Bustos pointed out what he considers a serious deviation in the court’s reasoning. He warned that despite announcing it would focus on specific facts, the verdict delved into political evaluations regarding the social unrest period in 2019.

«The court makes a series of political context observations, with criticisms and questions about what was happening in Chile at that time. This is quite complex when it comes from a judicial body,» stated Amnesty International Chile’s director.

This «politicization» of the ruling, in his view, is not only inappropriate but could also be grounds for its challenge, as it strays from the objectivity that should prevail in a judgment.

Nullity Appeal and Warning on Normalization of «Less Lethal» Violence

Regarding future steps, Bustos did not rule out a legal battle that could reach the highest court in the country.

«The Prosecutor’s Office, INDH, Gustavo Gatica’s private lawyer, and the State Defense Council will be able to review the full ruling and assess a nullity appeal, even before the Supreme Court, depending on the grounds identified,» he noted.

Finally, Bustos warned about a dangerous aspect in the court’s reasoning: the normalization of the use of anti-riot shotguns (SAE) as a proportional response to stone attacks, categorizing them under «less lethal» weapons.

«Less lethal means that it can be lethal, and in this case, the consequences were irreversible,» he emphasized, recalling that expert analysis demonstrated that the pellets hit Gatica’s face, leading to his total vision loss.

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