2023-10-30 10:04:00
The Court of Appeal of Neuquén will review the sentence that condemned the police leadership of the government of Jorge Sobisch, who led and executed the repressive operation of Arroyitor in which teacher Carlos Fuentealba was murdered, on April 4, 2007.
This Monday, October 30, the challenge hearing will take place. All defenses appealed the ruling. The court is made up of Patricia Lupica Cristo, Leticia Lorenzo and Nazareno Eulogio.
The last provincial instance that can review the sentence is the criminal chamber of the Superior Court of Justice.
March 16, 2023 five retired officers from the highest hierarchy were declared responsible unanimously of the crime of abuse of authority. They are: Carlos Zalazar (police chief), Moisés (deputy chief) and Adolfo Soto (Security Superintendent), Mario Rinzafri (operation coordinator) and Jorge Garrido (head of the Metropolitan Security department).
The trial court – made up of judges Luis Giorgetti, Diego Chavarría Ruiz and Raúl Aufranc – considered that in the procedure ordered by Sobisch to prevent a road blockage of the ATEN teaching union, an indiscriminate use of force.
«The legal use of deterrent means becomes clearly arbitrary when it deviates from a legitimate purposerestricting the rights of protesters beyond what is necessary, and putting the physical and mental integrity of people at risk, a manner inappropriate to the rationality of government acts in a constitutional State of law“said the judges.
The repression ended when Corporal José Darío Poblete, from the Zapala special group, shot with a federal pistol at the rear window of the Fiat 147 in which Fuentealba was riding. less than 7 meters away and murdered him. The car was leaving the protest.
He imposed on Zalazar, Rinzafri and the Sotos the sentence of 1 year and 6 months in prison of conditional execution, while Garrido received a slightly lower one: 1 year and 4 months in prison conditional.
There was a sixth convicted police officer who was Benito Matus. The court assured that on April 4 he shot directly with a 12/70 shotgun once morest a car in which three teachers were fleeing: Angélica Cisterna, Marcelo Marenco and Teresa Gómez. The penalty set was 1 year and 4 months of suspended prison.
Only Matus was charged by chief prosecutor Maximiliano Breide Obeid. The rest of the accusations were supported by the plaintiff – Ricardo Mendaña and Marcelo Medrano – who represent Fuentealba’s family.
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