Condenan a dos exconscriptos del Regimiento Coraceros por homicidio calificado en Viña del Mar en 1973


El ministro en visita extraordinaria para causas por violaciones a los derechos humanos de la Corte de Apelaciones de Valparaíso, Jaime Arancibia Pinto, condenó a dos exconscriptos del Ejército por su responsabilidad en el delito de homicidio calificado de Juan Fidel Valencia López. Ilícito perpetrado en Viña del Mar, el 1 de diciembre de 1973.

En el fallo (causa rol 110.213-2011), el ministro Arancibia Pinto condenó a Luis Pedro Berríos Carrasco a la pena efectiva de 10 años y un día de presidio, en calidad de autor del delito; en tanto, Juan Ernesto Aranda Aranda deberá purgar 5 años y un día de presidio, como cómplice.

Además, el ministro aplicó a los exreclutas las accesorias legales de inhabilitación absoluta perpetua para cargos y oficios públicos y derechos políticos y la inhabilitación absoluta para profesiones titulares mientras duren las condenas; más el pago de las costas del proceso.

En la causa, el ministro en visita dio por establecido que en horas de la noche del 1 de diciembre de 1973, una patrulla del Regimiento Coraceros de Viña del Mar, detuvo en el sector de El Salto de la ciudad, en las inmediaciones de la empresa Cimsa, a “Juan Fidel Valencia López, el que padecía de una enfermedad mental, y en un confuso incidente producido con esta patrulla, reaccionó huyendo del lugar, ante lo cual uno de los conscriptos que la integraban, hizo uso de su arma de servicio, disparando en su contra varias veces con su fusil de guerra, hiriéndole y causándole la muerte, llegando al lugar otro conscripto que también disparó su arma de servicio, asistiendo y cooperando el actuar del primer militar, no existiendo proporcionalidad ni justificación alguna entre la conducta del militar y el uso de su arma de guerra con la huida de la víctima, reacción esperable en una persona con discapacidad mental”.

Ver Fallo (PDF)


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