Today marks a significant step in the pursuit of justice in Chile as criminal investigations commence against three former high-ranking Carabineros commanders tied to the violent repression of protests in 2019. Under their command, police actions resulted in the deaths of two individuals and left thousands with severe injuries, including irreversible damage to their eyesight. During this long-anticipated hearing, the North Central Metropolitan Prosecutor’s Office disclosed that it is investigating these commanders for their potential roles in omissive criminal acts, including unlawful coercion, leading to serious injuries and homicide.
According to both international law and Chilean legislation, police commanders can be held liable for the actions of their subordinates, especially when they fail to supervise effectively. Amnesty International has highlighted this principle in various reports, including “Eyes on Chile” (2020) and “Commanders’ Criminal Liability by Omission” (2021), and has reiterated it in a new report published today titled “Obligations Under International Law to Investigate and Punish Superiors Responsible for Human Rights Violations.”
The initiation of legal proceedings following this hearing will determine if these commanders bear individual responsibility for the substantial injuries inflicted upon protesters, given their failure to act to prevent such harm.
“This hearing demonstrates the potential to hold accountable not just those who directly inflicted harm, but also those who neglected their duty to prevent the indiscriminate police violence against protesters. The level of accountability should reflect the responsibilities associated with their positions,” stated Ana Piquer, Americas Director at Amnesty International.
Since the onset of protests in October 2019, Amnesty International and various human rights organizations have criticized the Carabineros for their excessive and indiscriminate use of shotguns loaded with metal and rubber pellets, which led to over 400 individuals suffering severe eye injuries among thousands injured overall. Currently, there are over 1,100 documented cases of unlawful coercion (mistreatment) related to these policing methods, underlining the far-reaching consequences of the Carabineros’ actions.
The ongoing investigation into the police commanders represents a critical moment for Chile. In many nations, the right to protest is increasingly endangered by the use of harmful weapons banned under international law. Chile has a historic opportunity to hold accountable those in power who did not intervene to prevent irreversible harm to protesters.
Amnesty International welcomes the hearing’s commencement, which is expected to conclude tomorrow. This legal process, if conducted with the necessary due process safeguards, aims to establish the facts and assign responsibility for serious human rights violations committed since 2019.
“The eyes of the world remain focused on Chile. The prosecution of police commanders sets a valuable precedent not only for this region but crucially for the victims of political violence in Chile who have persevered for five years, seeking justice,” remarked Rodrigo Bustos, Executive Director of Amnesty International Chile.
Amnesty International also commends the departure of the current Director General of the Carabineros, stating that his presence posed risks to procedural integrity and evidence preservation related to the investigation.
**Additional Information**
Amnesty International provided background information for this criminal investigation, focusing on widespread violations of the right to physical integrity that occurred from October 18 to November 30, 2019. The report “Eyes on Chile: Police Violence and Command Responsibility During Social Unrest” outlined how several Carabineros commanders—most notably the current Director General—implemented a strategy of repression that employed the reckless use of shotguns with severely harmful ammunition, resulting in thousands of injuries and significant damage to victims’ eyesight.
