Ricardo Serafin Rebolledo Parra
Comerciante Ambulante — 22 years old.
Background
Ricardo Serafin Rebolledo Parra
Comerciante Ambulante — 22 years old.
Case summary
Ricardo Serafín Rebolledo Parra, a 22-year-old street vendor with no political affiliation, died in Concepción on August 8, 1985. He died from a gunshot wound to the head and another to the back, fired by an officer of the Policía de Investigaciones while the young man was fleeing.
Museo de la Memoria y los Derechos Humanos[1]
Ricardo Serafín Rebolledo Parra died that day at 5:25 hours, at the Regional Hospital, due to a craniocerebral gunshot wound "of a homicidal nature" (sic), as stated in the Death Certificate. The Autopsy Protocol describes that he received another gunshot wound in the dorsal region and that, in addition, he presented abrasions on his face and wrists.
In the judicial investigation initiated regarding his death, it was established that on August 7, around 17:30 hours, while Ricardo Rebolledo was with some friends near his home located in the Pedro del Río Zañartu neighborhood, he was wounded by gunfire from an officer of the Policía de Investigaciones.
The shot that caused his death was fired after the young men had fled from the police. Rebolledo received two gunshot wounds, one in the head and another in the back.
The detective alleged that the events occurred when they were attacked by the group of young men, and after Manuel Rebolledo attempted to attack him with a bladed weapon. He added that the shot had been accidental, during a subsequent pursuit, when he had tripped and the weapon he was holding in his hand had discharged.
The first-instance ruling convicted him as the perpetrator of the crime of homicide to a sentence of three years and one day of imprisonment, considering that there had been intent in his actions, as he fired three shots: one into the air to disperse the group of young men; one at Ricardo Rebolledo's head; and a third into his back.
Likewise, it took into account the officer's actions after the shots were fired, as he chose to withdraw from the scene without assisting the wounded man and, subsequently, did not report what had happened to his superiors.
The second-instance ruling, however, revoked the previous one and determined that "the shot that caused the wound that resulted in Rebolledo's death, although it came from the weapon held by the defendant, as he himself acknowledges, occurred accidentally and as a consequence of the fall suffered by him, which is why the defendant is exempt from criminal liability (…)".
In both rulings, however, it was considered proven that the death of Ricardo Rebolledo was caused by a gunshot to his head, under circumstances in which he was fleeing from the police officer who was pursuing him with his service weapon drawn and prepared to fire.
Considering the background information gathered and the investigation carried out by this Corporation; and especially bearing in mind that, while there were less violent means to detain a person considered a suspect, the State agent used, on at least two occasions, a means that, according to the context of the events, was evidently disproportionate and unnecessary; and that, furthermore, he did not provide assistance to the wounded man, concealing the facts from his superiors, the Superior Council declared Ricardo Serafín Rebolledo Parra a victim of human rights violations by a State agent who made improper use of force.
References
- 1Museum of Memoryhttps://interactivos.museodelamemoria.cl/victims/?p=843