Chilean Constitutional Court Refuses to Suspend Indictment of Police Chief Yáñez

The Chilean Constitutional Court has rejected a request by Ricardo Yáñez, the general director of Carabineros, Chile's national police force, to suspend his indictment for command responsibility during the October 18th protests in 2019. Yáñez had filed a petition to annul the case against him, claiming the investigation contained defects that violated his legal guarantees. However, the Second Chamber of the Constitutional Court denied Yáñez's appeal to halt the formalization hearing scheduled for May 7, 2024.

Yáñez's position as police chief now hangs in the balance. The recently implemented 'Toha criterion', proposed by Minister of the Interior Carolina Tohá, suggests that government officials who are formally charged with a crime should resign from their posts. "The decision leaves Yáñez's position as police chief in jeopardy," legal experts noted, given the new guidelines for public officials facing criminal charges.

This is not the first time a top Carabineros official has sought to challenge their indictment in relation to the 2019 protests. Yáñez's predecessor, Mario Rozas, also filed a similar request for inapplicability, which was likewise rejected by the Constitutional Court. The court's consistent rulings signal a commitment to holding police leadership accountable for alleged misconduct during the widespread demonstrations.

Why this matters: The Constitutional Court's refusal to suspend the indictment of Chile's top police official highlights the judiciary's role in ensuring accountability for actions taken during the tumultuous 2019 protests. The decision could set a precedent for how allegations of command responsibility by high-ranking officials are handled in the future.

As the formalization hearing approaches, the fate of General Director Yáñez remains uncertain. The Constitutional Court's ruling paves the way for the case to proceed, potentially leading to further legal consequences for the embattled police chief. The outcome of this case is likely to have significant implications for police leadership and public trust in Chile's institutions, as the country continues to grapple with the fallout from the October 18th protests.

Key Takeaways

• Chilean court rejects police chief's request to suspend indictment for 2019 protests
• New guidelines suggest officials charged with crimes should resign, jeopardizing Yáñez's position
• This is not the first time a top Carabineros official has challenged indictment for 2019 protests
• Court's ruling signals commitment to holding police leadership accountable for alleged misconduct
• Outcome of case likely to impact police leadership and public trust in Chile's institutions