The Fourth Chamber of the Santiago Court of Appeals rejected a constitutional amparo appeal filed by the defense of 88-year-old Raúl Iturriaga Neumann, an ex-agent of the Directorate of Foreign Operations of the defunct National Intelligence Directorate (DINA), according to court records. The appellate court dismissed the petition as an instrumentalization of the amparo action aimed at securing procedural advantages.
Legal Arguments and State Representation in Court
During the court arguments, attorneys representing the victims of Operation Condor and the daughters of General Carlos Prats and Sofía Cuthbert—who were assassinated by the DINA in Buenos Aires in 1974—appeared before the chamber, alongside Constanza Garrido, head of the Human Rights Program at the Ministry of Justice, who advocated for the rejection of the appeal according to case proceedings. As reported by El Mostrador, the ministry’s human rights program has largely refrained from appearing in hearings against former dictatorship agents since current authorities dismissed its historical leadership. The ministry stated it decides its participation on a “case-by-case” basis, having previously acted as a querellant in major cases involving former military prosecutor Alfonso Podlech and retired brigadier Pedro Espinoza, the number two figure in the DINA.
Did You Know? Raúl Iturriaga Neumann is a former agent of the DINA’s Directorate of Foreign Operations who is currently serving prison sentences totaling more than 500 years for his participation in international terrorism, including the assassinations of General Carlos Prats, Sofía Cuthbert, Orlando Letelier and Ronni Moffitt, as well as crimes linked to Operation Condor.
Medical Status Discrepancies and Judicial Inquiries
The defense claimed that telephone inquiries from the court's Human Rights Office regarding his expected discharge date constituted undue pressure on the hospital to accelerate his release. Minister Plaza visited the hospital on July 31 and subsequently rejected a defense request to order the facility to maintain the inmate's hospitalization while a sentence substitution plea was pending before the San Miguel court, maintaining that hospital discharges are medical decisions beyond judicial authority.
The Santiago Court of Appeals dismissed the defense's claims of pressure as a "mere interpretation of the facts, without major corroboration nor foundation," noting that Iturriaga remains hospitalized and receives necessary medical care until doctors authorize his release.
Next Steps in Pending Human Rights Proceedings
A possible next step involves a separate, pending resolution from Marianela Cisternas, the minister in visitation for human rights causes at the Court of Appeals of San Miguel, who must rule on a similar sentence modification petition filed by Iturriaga’s defense.
Frequently Asked Questions
Who is Raúl Iturriaga Neumann?
He is an 88-year-old former agent of the DINA’s Directorate of Foreign Operations who has been convicted of international terrorism, the murders of General Carlos Prats, Sofía Cuthbert, Orlando Letelier, and Ronni Moffitt, and crimes associated with Operation Condor, accumulating sentences totaling over 500 years.
Why did the defense file the amparo appeal?
What did the Fourth Chamber of the Santiago Court of Appeals decide?
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