In Chile, after the murder of two police officers last month, legislators accelerated their parliamentary agenda to pass laws that toughen the fight against crime. However, one of these laws is controversial as it establishes a presumption of legitimate defense that could increase police abuse, according to human rights defenders.
Chile is one of the safest countries in the American continent, but the significant increase in the homicide rate (+33%) and violent robberies (+63%) has pushed certain political sectors to propose a strong hand against crime.
privileged legitimate defense
After the death of two police agents in operation last month, the deputies urgently processed six anti-crime bills. One of these laws, called the “Nain-Retamal Law”, alluding to two victims, establishes a presumption of self-defense for police officers and exempts them from criminal responsibility if they shoot in self-defense or to prevent a crime, unless the court proves otherwise.
The right-wing deputy Andrés Longton is the promoter of this reform: “It that occurs in the practice is that carabinieri and the policemen have that demonstrate that they made a use legitimate of the force to weigh of to have been object of those assaults. Is say, are accused by the courts, are suspended of their functions and finally are paragraphs of their charges of manner temporary, or of manner permanent many times, and that inhibits to the policemen of can Act low he protection of the law,” he explains.
“So, that does this project to purpose of the legitimate privileged defense? Us we say something very simple. we say when there is assault illegitimate against the policemen, against a third, that can attack against his life either generate injuries serious low some assumptions, goes to to have a presumption legal of that he use saying low armament he protection of the law. Is say, the policemen No go to have that prove it, goes to have that prove it the prosecution either he believer that the police No they made use legitimate of the strength,” Longton details.
Greater impunity for the police?
The project, however, causes concern among international organizations. The United Nations Office for South America estimates that the proposal reduces accountability and favors impunity for police officers.
The lawyer and defender of human rights Francisco Cox believes that the Nain-Retamal Law is not necessary because “the police Yeah has been doing use of their arms of fire and this inhibition is simply theoretical”.
“Of made, in the two cases further recent, the carabinieri that accompanied to the people that were murdered they made use of his weapon of fire. No HE they felt inhibited of do use of his weapon of fire. He problem in Chili No is necessarily of lack of laws, but that is of lack of approach and address of the research. AND by it so much, those research HE have that lead to the structures of crime organized,” Cox stresses.
The fight against crime was not a priority for left-wing President Gabriel Boric, but rising crime rates and pressure from conservative deputies and senators led him to turn to support the fight against crime.
