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In a split decision, the second chamber of the highest court of the country – reunited by Ministers Hugo Dolmestch, Carlos Künsemüller, Manuel Antonio Valderrama, Jorge Dahm and the lawyer (i) Antonio Barra – confirmed the Attacked judgment delivered by the Court.
The Supreme Court dismissed the appeal filed by the Amparo against the resolution attacking the former military prosecutor Oscar Alfonso Ernesto Podlech Michaud, author of the crimes of constraint. unlawful and qualified homicide of Daniel de los Ángeles Mateluna Gómez and José María Ortigosa Ansoleaga.
These crimes were perpetrated in the military compound of the city of Temuco, in October 1973.
By shared decision, the second chamber of the highest court of the country, reunited under the chairmanship of Ministers Hugo Dolmestch , Carlos Künsemüller, Manuel Antonio Valderrama, Jorge Dahm and the lawyer (i) Antonio Barra – confirmed the impugned judgment delivered by the Temuco Court of Appeal, which dismissed the action precautionary.
"The decision appealed on October 23, 2018 is confirmed, submitted to the trial before Oscar Alfonso Ernesto Podlech Michaud, dictated by the minister on special visit, Mr. Álvaro Mesa Latorre, in file No. 114 017," the judgment is maintained.
The confirmed sentence, rendered on Thursday, November 8, resolved that "the merit of the record shows that the decision that put the defendant on trial, as well as the precautionary measure resulting from the total home detention, was decree by competent authority within the scope of its powers, empowered by law to follow a duly processed procedure in which the applicant has been duly represented, the threat or violation of personal liberty or personal security need not be corrected by: the way of this action, because there is no illegality or arbitrariness in their deprivation of liberty, that is why the action amparo must be rejected in the manner it will be stated in the device. "
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