The Supreme Court upheld the conviction that the Treasury ordered total compensation of $ 74,000,000 to parents and policemen who died in November 2014 during a police operation in the Lleu Lleu sector, Cañete municipality, in the Biobio region.
In a unanimous decision, the Third Chamber of the High Court, consisting of ministers Sergio Muñoz, Maria Eugenia Sandoval, Arturo Prado, Angela Vivanko and a lawyer (i) Pedro Pierri, confirmed the ruling of the Concepción Court of Appeal, which found that the carabineros were not served when ordering operations in the area “Mapuche conflict”, without beacons in cars and without timely identification of the police before entering the building.
According to the decree, "the lack of service was caused by an abnormal police procedure applied to an emergency situation that affected the lives of people in the area, which Carabineros de Chile considers a Mapuche conflict."
It also states that “at night the police with the house set on fire, with a lot of smoke around them, in the countryside, in the dark, entered the building without identifying themselves as Carabinieri officials and without a senior officer. The person in charge of the patrol will order the identification to his subordinates. ”
Because of the above, the resolution adds, the people who were in the house did not know that those who entered were policemen, and not subjects who had previously attacked the house, “having the opportunity to draw a conclusion, based on the principles of experience, that they did not if police officers identified them, they would logically feel protected and the cars would not be mournful. ”
The decree emphasizes that “a restriction on the use of beacons and sound devices, as well as indicating oneself as officials of Carabineros de Chile makes sense, for example, when police are driving in official vehicles – because it is obvious that in this context they are at risk ambush or a victim of arson, but does not have him, if he wants to enter a private house and help the victims of a crime, a situation that was predictable is the main criticism that the Administration can give and the reason it is not good performance, representing a lack of maintenance. "