Ministry of Health – Report on the Situation in the Metropolitan Region
B) NATALIA ARAVENA: LOSS OF THE RIGHT EYE
Regarding the shots, he stated: “the captain (sub-commissioner) used the carbine gas launcher, later the lieutenant did also.”171 Then a fourth shot was fired (that is, after Fabiola had already been hit by the tear-gas canister), later they threw smoke bombs and, after they had already passed through the tunnel, “the lieutenant threw a last tear-gas canister at the same intersection.” He pointed out that he fired in a parabolic arc,172 and said that there could be no certainty that what caused the injury was a tear-gas canister “it could be any type of weapon, it could have been earlier or later. A huge stone or a hammer.”173
Statements by other officials, the video from the Go Pro camera of the captain sub-commissioner of the 14th Police Station, two reports from the University of Chile regarding the nature of the projectile that caused the injuries to Fabiola, and from the Forensic Medical Legal Service which examined the projectile refute this claim and indicate that the blow is consistent with a projectile fired with a grenade launcher and that it was a single-shot rifle, which was aimed directly at Fabiola’s face.174
Additionally, the lieutenant175 stated that he had seen a group of people take someone into the passage and acknowledged that he threw another tear-gas canister into the area before leaving.176
In addition to the statements of the officials, the Attorney General’s Office notes that, according to the information contained in the investigation case file, there was no demonstration in that location, the free movement of vehicles and pedestrians was not obstructed, and there was no risk to the lives of passers-by or the police at the scene, so the use of a gas grenade launcher was not justified.177 Likewise, witnesses confirmed that the police officers shot directly at Fabiola and saw her fall wounded, at which point they continued firing tear gas and smoke bombs, then retreated without going to her aid.178 On 28 August 2020, the Attorney General’s Office charged Captain M. as perpetrator of the crime of unlawful coercion causing very serious injuries to Fabiola Campillai.179
EYES ON CHILE: POLICE VIOLENCE AND COMMAND
Natalia Aravena after being hit in the eye by a tear-gas canister.
Judicial investigation
The Central North Attorney General’s Office for Crimes of High Complexity initiated a criminal investigation into the incident for the crime of unlawful coercion causing extremely serious injuries, based on two complaints filed. Natalia and the INDH filed complaints for the same crimes.
Among the procedures carried out, it is clear that the Attorney General’s Office requested Natalia’s medical records to add them to the investigation,180 which she says are in the investigation case file.
As of 31 August 2020, there is no evidence of further progress in the investigation, nor is there evidence that the National Police has initiated an internal process regarding the incident involving Natalia.
4.1.4. HARM TO PHYSICAL INTEGRITY USING PHYSICAL VIOLENCE
As mentioned above, international standards state that any use of force by law enforcement officials must be legal under domestic law. Likewise, force must always be necessary and proportionate to the threat being countered.
180 Background information contained in the written brief presented by the Attorney General’s Office in Case RUC 1901185569-8 dated 20 November 2019, No. 2470324.
However, the INDH filed complaints on behalf of at least 630 people who reported having been beaten by the National Police between 18 October 2019 and 30 November 2019, the majority during arrest or when they were already in custody. 181 In addition, it filed complaints on behalf of 20 people who were allegedly run over by National Police officials.
According to the Attorney General’s Office, as of 30 November, 4,158 cases of unlawful coercion, 1,038 of abuses against individuals and 134 crimes of torture were being investigated. It also investigated 192 acts of forced nudity, 58 acts of
“sexual abuse with contact”, 15 of threats of sexual crimes and nine acts constituting rape or aggravated sexual abuse.182 Amnesty International analysed and verified 35 videos in which National Police officials appeared to use physical force in breach of international law. These include 16 incidents in which officials unnecessarily used physical force against people who had adopted a peaceful stance; 15 incidents in which the National Police used force disproportionately during the course of an arrest; and four incidents in which the National Police used unnecessary and disproportionate physical force against minors. In addition to this, nine videos were verified in which National Police vehicles are seen running over protesters, or seem to try to do so, in violation of domestic law and international standards. The number of incidents of this type indicate that they were not isolated incidents but rather a police practice to inflict pain.
Although the use of shotguns, water cannon and chemical deterrents is (poorly) regulated by domestic law, National Police officials are not authorized by law to use their vehicles to inflict physical harm on protesters under any circumstances.
The illegality of this practice – in the context of police operations under national and international law – makes it, prima facie, a violation of international human rights law.
National Police officials beating peaceful protesters with batons, Valparaíso, Chile, 24 October 2019. - 33.0461823, -71.6242585
181 List of legal actions filed by the INDH updated as of 6 April 2020 182 Attorney General’s Office, Annual Statistical Report 2019.
42
EYES ON CHILE: POLICE VIOLENCE AND COMMAND
National Police officials repeatedly beat a person they have restrained, Santiago de Chile, 11 November 2019. - 33.480707, -70.5732821
National Police officials use physical force against people who appear to be minors.
Santiago, Chile, 28 November 2019. -33.442768, -70.631875
National Police on a motorcycle deliberately running over a protester, Viña del Mar, Chile, 14 November 2019. -33.026444, -71.552028
Amnesty International has documented a series of cases showing that National Police officials used physical force in a manner inconsistent with international standards in the context of the crisis.