The Supreme Court rejected an appeal for annulment presented by the defense of a man convicted of throwing Molotov cocktails and supported the use of undercover agents in various marches of the social outbreak of October 2019.
Specifically, the Second Chamber of the highest court dismissed the appeal filed by the defense of Gabriel Rogers, who was arrested on November 11, 2019 and later sentenced in August 2021 for throwing bombs on public roads, slogan Third.
The defense of the aforementioned subject assured that the detention of his defendant was illegal, since it was carried out by infiltrated personnel of the OS-7 of Carabineros who followed orders from the authorities to gather evidence about the use of incendiary devices, a situation that the Supreme Court He responded by alluding to the fact that the action falls within his powers.
“The actions carried out by police officers, aimed at identifying the perpetrators of a flagrant crime, are framed within those that article 83 of the Criminal Procedure Code expressly empowers them to carry out ‘without the need to receive prior specific instructions from prosecutors’, specifically within its literal b), relative to carrying out arrests in flagrante delicto, so that these cannot be understood as carried out outside the law,” the highest court explained in its ruling.
In addition to the above, the defense alleged that the OS-7 captain carried a Mapuche flag and had his face partially covered so as not to be recognized by the surrounding protesters, which was once again dismissed by the Supreme Court.
“The circumstance that the police officials have attended that artery on a bicycle, dressed without their institutional uniforms and carrying a Mapuche flag, does not matter the use of the undercover agent investigative technique, provided for in article 226 bis of the Criminal Procedure Code, understood as as the one that authorizes them to infiltrate a criminal organization to obtain information on its structure and operation,” the letter complements.
