Case No. 43.531-2017: Sergio Hernán Ramírez Peña Case

Having seen: In the records of this Supreme Court Case No. 43.531-2017, substantiated in the first instance by the Extraordinary Visiting Minister, Mrs. Marianela Cifuentes Alarcón, by judgment of July 21, 2017, Francisco Gonzalo Jiménez Fuentes was sentenced to five years and one day of major imprisonment in its minimum degree, with the accessory penalties of absolute perpetual disqualification for public offices and political rights, and absolute disqualification for professional titles for the duration of the sentence, as well as the payment of court costs, in his capacity as perpetrator of the crime of simple homicide, in the consummated degree, committed against the person of Sergio Hernán Ramírez Peña on December 6, 1973, in the commune of San Joaquín, without granting the sentenced party any of the benefits established by Law 18.216.

Third: That the first-instance judgment established the following facts:

“1° That on the afternoon of December 6, 1973, a patrol of the Chilean Air Force, under the command of Lieutenant Iván Renato Ianiszewski Valdés, went to the El Pinar neighborhood in the commune of San Joaquín in order to carry out an arrest warrant.

2° That, while the aforementioned officer was inside the house of the person sought, Sergio Hernán Ramírez Peña, 17 years old, with no political affiliation, who was among the residents gathered in the vicinity, ran suddenly, upon which part of the patrol stationed outside the property went in pursuit of him.

3° That, moments later, while the young man was running along the Francisca de Rimini passageway in a southerly direction, before reaching Castelar Norte, officials of the Chilean Air Force, among them Francisco Gonzalo Jiménez Fuentes and José Iván Santelices Albornoz, ordered him to stop and, faced with his resistance, using excessive force, fired at him with the Garand carbines they were carrying, striking him with two projectiles, one in the posterior part of the right thigh and another in the cervical area, which caused his death due to acute anemia, as the projectile, in its path inside the victim's body, severed the left common carotid artery and the left jugular vein.”

Source: January 23, 2019