Eugenio Caifual Lemuñir
Victim of the military dictatorship.
Background
Eugenio Caifual Lemuñir
Victim of the military dictatorship.
Case summary
Eugenio Caifual Lemuñir was a Carabineros non-commissioned officer convicted for his responsibility in the aggravated kidnapping of Eliodoro Figueroa, which occurred in October 1973 in the town of Chol-Chol. In 2009, the Supreme Court handed down a final sentence of three years in prison, granting him the benefit of a conditional remission of the sentence.
MemoriaViva[1]
The Supreme Court issued a final ruling in the investigation into the qualified kidnapping of Eliodoro Figueroa González, which occurred beginning in October 1973 in the town of Chol-Chol, La Araucanía Region.
In a split decision (in case file 4531-2008), justices Nibaldo Segura, Jaime Rodríguez, Rubén Ballesteros, Hugo Dolmestch, and Carlos Künsemüller established the following sentence: Eugenio Caifual Lemuñir : 3 years of imprisonment.
The benefit of conditional remission of the sentence was granted. Justices Rodríguez, Dolmestch, and Künsemüller were in favor of applying the conviction in the case; meanwhile, magistrates Segura and Ballesteros were in favor of applying the statute of limitations and acquitting the defendants.
It should be noted that, in the first instance, visiting judge Fernando Carreño Ortega had been in favor of sentencing the convicted individual to 5 years and one day of imprisonment, without benefits, a sentence ratified by the Temuco Court of Appeals. This is the eighth Supreme Court ruling in a human rights violation case in 2009 and the 51st since 2005.
Source: poderjudicial.cl, March 26, 2009
References
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