The Constitutional Court (TC) determined to reject the requirement of inapplicability due to unconstitutionality presented by the former captain of the Carabineros, Claudio Crespo, accused of blinding Gustavo Gatica in the context of the demonstrations of the social outbreak.
The former police official sought the inapplicability of the expression “unlawful coercion or other cruel, inhuman or degrading treatment”, which was rejected by the court.
Along these lines, the Constitutional Court held that “it cannot be claimed that the application of torture and other cruel, inhuman or degrading treatment is a perversion and degeneration of state power, since it makes it go from being a guarantor of rights and from being at the service of the person to be the complete opposite, an irresistible power that subdues the human being transforming him into an object of sacrifice and forced affliction”.
It should be remembered that on October 12, the Santiago Court of Appeals revoked the preventive detention against Crespo, who has remained free since then to date.
