The accusation control hearing lasted more than 9 hours for the death of Gabriel Mandagaray, the young officer of the Río Negro Police who died while taking a course to enter the Special Operations and Rescue Corps (COER) in April 2021 in Bahía Creek. The next step will be the accusation control, scheduled for March 26.
The instance was developed with the presence in the room of the four defendants and the parents of the victim.
At the request of the prosecution, both public and private, Magistrate Daniela Zágari, who led the hearing, admitted that the responsibility of the agents and the coordinator should be judged independently in charge of the exercises at the time the young man’s death occurred.
at four They are accused of being co-authors of the crimes of manslaughter, abuse of authority and breach of the duties of a Public Official. In addition, in the same debate, one of the defendants will be tried for the crime of minor injuries caused to another student.
In a separate process, The prosecution will seek to convict those in charge of the Police training area for breach of the duties of a Public Official. The corresponding accusation control hearing will be held on March 26.
After this determination, the test that will be offered began to be detailed in the context of the facts attributable to the agents who are accused of exercising “true dehumanizing behaviors” during “a COER basic training course, in a place and under conditions that were not approved by the corresponding Resolution of the Chief of Police of Río Negro omitting compliance with it”.
In the trial that will take place before a court made up of three technical judgesthe appearance of approximately about twenty witnesses offered both by the prosecution and by the individual defenses of the four defendants.
Among them is to police officers, those who accompanied the victim when he entered the water and doctors in charge of forensic expertise. In addition, the trial will detail the conclusions of the virtual reconstruction and that carried out at the scene.
The facts, according to the accusation
The training course began on April 12, 40 km from Bahía Creek, where the instructors and the coordinator made the students enter a pool of water and then start the walk to said beach where they camped until the next day.
At that time they were subjected to a “excessive physical and psychological exhaustion that caused injuries to their feet and hands and psychological complications, all in a context of poor nutrition and hydration; without sufficient day and night rest, without check-ups and/or medical assistance in place, without adequate means of communication, without adequate ambulance or first aid equipment. He also points out that “forcing them to endure humiliating practices such as urinating on them, putting animal excrement masks on their faces and make them enter the sea late at night, in complete darkness and without any security measures and completely naked to make them walk at night in those conditions”.
The accusation detailed that “laws and regulations that govern them were thus not observed, such as Resolution 2748, the Organic Law of the Police, the Code of Conduct for officials in charge of enforcing the law and article 16 of the Constitution of the Province of Black river”.
There is a second fact that will seek to prove in court that it is the responsibility of the agents of what happened on April 15, between 3 and 6 p.m. when, within the framework of a training session and in the presence of the coordinator who did not express objections, The instructors made Mandagaray enter the sea -up to a distance where they could not stand- along with two companions in full police uniformincluding boots, all regulatory weapons without life jackets and/or torpedoes, without support boats, without the foresight and assistance of lifeguards and without the control of personnel from the Naval Prefecture and/or any other security measure, and in the context of exhaustion and physical and psychological fatigue in which the students found themselves as a result of the demands of the previous days.
Mandagaray had previously stated that he “did not know how to swim”, a notice to which they ignored urging them to enter, The three of them carried a trunk approximately 2 meters long, which made it difficult (added to the weather and tidal conditions) for them to get out of the sea while asking for help.
Two of them could be helped by their companions (who were on the shore waiting their turn), while Mandagaray could not get out of the water, it sank and after an hour it was expelled by the sea, lifeless, about 200 meters from the place where they had entered.
It will also seek to prove the third of the facts for which only one of the agents is accused of having assaulted another of the students kicking and stepping on him in the area of the lower end of the spine, while he was carrying out drag exercises in the sand, uniformed, with a travel backpack and a submachine gun.
The attack caused a fracture of the 1st vertebra of the coccyx, for which reason the victim had to leave the course that same day.
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