El Ciudadano
Original article: Gas pimienta y compresión cervical: Corte acoge amparo por violento procedimiento de Carabineros contra dos escolares mapuche
The Appeals Court of Temuco has accepted a writ of protection filed by the La Araucanía branch of the National Institute of Human Rights (INDH) following a violent police operation by Carabineros in Ercilla, which affected four individuals, including two Mapuche schoolboy siblings. The court ruled that the police action was «illegal» and «arbitrary,» ordering the law enforcement agency to «adapt all future interventions to constitutional, legal, and regulatory standards that govern the use of force, identity control, and preventive checks.»
The ruling, issued recently, established that on November 14, the public order control officers intercepted a vehicle carrying the two siblings. According to the judgment, the police officers allegedly gave conflicting orders, forced them out of the vehicle, and subsequently restrained them using physical force.
As a result of this violent procedure, one of the Mapuche brothers lost consciousness due to cervical compression, and the other was sprayed multiple times with pepper spray.
The court based its decision on the finding that «such circumstances are uniformly reported in the writ and corroborated, at least in essential aspects, by the institutional report itself, which acknowledges the application of irritant aerosol and the detention of the driver, in addition to the audiovisual recording obtained by one of the petitioners shortly after their arrest.»
Lack of Legal Justification and Disproportion
The court was unequivocal in stating the absence of legal justification for the operation. In its analysis, it noted that «there is no indication in the evidence provided of sufficient legal grounds that would authorize the execution of the procedure in the manner it was carried out.»
While Carabineros claimed that the vehicle had increased speed and its occupants were behaving in an agitated manner, the ruling is clear: «there was no documentation of any hypothetical flagrance, nor was it verified that the petitioners engaged in any conduct that would justify the use of coercive immobilization techniques, let alone warrant the application of potentially harmful force, such as cervical compression or repeated exposure to irritants.»
Additionally, the court highlighted that «it was not indicated that there was a request to show identification or vehicle documents, nor that the procedure was part of an identity check in accordance with Article 85 of the Criminal Procedure Code, which alone dismisses the legality of the subsequent transfer to the police unit,» as noted by the INDH in a press release.
The court summarized the severity of the police action by stating that «the absence of a clear verbalization of the reason for the intervention, the lack of a legal hypothesis for control or detention, the disproportionate use of force, and the transfer of the petitioners handcuffed without normative justification constitute actions that exceed the legal powers conferred to Carabineros and directly violate the rights assured by the Constitution.»
The Temuco Court emphasized the treatment of the detained siblings, noting that one «was kept in custody until after midnight, with injuries only being checked in Collipulli,» while the other «was also taken to a police unit despite being unable to see due to the gas. These circumstances indicate a de facto detention lacking normative support.»
In its ruling, the appellate court concluded that «a police act executed without legal justification, enforced with excessive force, not communicated in accordance with institutional protocols, and resulting in physical injuries constitutes an illegal act, as it openly contradicts the constitutional and legal norms governing police actions; and it is also arbitrary, as it stems from decisions lacking rationality and objective support, seriously affecting the freedom and security of the petitioners.»
Video Evidence of Violence Against Mapuche Students
It is worth recalling that in mid-November, El Ciudadano reported this case of police violence recorded in the Collico area of Ercilla, when the youths were returning from a Mapuche ceremony (Eluwun).
According to accounts and audiovisual footage, the students were intercepted by a strong police presence that forced them out of the vehicle and onto the ground.
The video showcased the disproportionate use of force, including footage of an officer drawing a firearm while the youths were restrained. In the recording, one of the students is heard exclaiming: «We are not doing anything.»
The ruling by the Appeals Court of Temuco represents a firm judicial statement condemning the arbitrariness and disproportionate use of force by Carabineros in La Araucanía, ordering the institution to align its intervention protocols with strict respect for fundamental rights.
La entrada Court Rules Against Police Violence in Ercilla Incident Involving Mapuche Students se publicó primero en El Ciudadano.
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