Enrique Abelardo Moraga Muñoz
Comerciante Ambulante — 27 years old.
Background
Enrique Abelardo Moraga Muñoz
Comerciante Ambulante — 27 years old.
Case summary
Enrique Abelardo Moraga Muñoz, a 27-year-old street vendor, died on December 10, 1988, after being shot by a Carabineros officer in the commune of Renca. The incident occurred when the victim attempted to defend his brother from an assault committed by the uniformed officer, whose official version of self-defense was refuted by the lack of medical records for his alleged injuries.
Museo de la Memoria y los Derechos Humanos[1]
Enrique Abelardo Moraga Muñoz died that day at 4:30 hours, on a public street, due to thoracic trauma caused by a bullet, as certified by the Medical Death Certificate from the Legal Medical Institute.
According to statements from eyewitnesses, on the day of the events, a party was being held at a home in the El Damascal neighborhood of Renca. Around 2:00 hours, one of the attendees, Enrique Moraga's brother, went out into the street, and a person, who later turned out to be a Carabineros officer, ordered him to hand over the leather jacket he was wearing.
As he shouted for help, Enrique Moraga and other people left the party and began to follow the assailant. The assailant fired five shots, striking Moraga Muñoz, who died at the scene.
According to relatives and witnesses, when Carabineros provided them with the necessary documentation to carry out the burial, and during summons to testify in the administrative investigation within that institution, they were ordered not to take any legal action, and on at least two occasions, to acknowledge false facts.
It was officially reported that the officer repelled an assault by six people, resulting in the death of one of them. The official version added that, due to the significant injuries the officer had suffered, he was admitted to the Carabineros Hospital.
However, when the aforementioned institutional facility was officially consulted, it reported that, upon reviewing the records, the mentioned officer had no medical history or record of medical attention.
The family filed a criminal complaint for homicide before the 18th Criminal Court of Santiago. In March 1992, a jurisdictional dispute arose with the Sixth Military Prosecutor's Office, which was resolved in favor of the Ordinary Justice system.
However, despite the efforts made by this Corporation to locate the case file at the Court, it could not be found. At the time the Superior Council reviewed this case, it was missing.
Once the dispute was ruled upon by the Supreme Court, the file went missing.
One year after the event occurred, the Carabineros officer who fired the shots that caused the death of Moraga Muñoz was seen by neighbors and relatives wearing his service uniform.
Considering the evidence gathered and the investigation carried out by this Corporation, in which the official version is refuted, the Superior Council reached the conviction that the death of Enrique Abelardo Moraga Muñoz was due to an abuse of power committed by an agent of the State who was granted impunity for his actions and was not legally sanctioned.
For this reason, it declared him a victim of human rights violations.
References
- 1Museum of Memoryhttps://interactivos.museodelamemoria.cl/victims/?p=1272