Court orders relocation of former Gendarmería official to High Security unit of REPAS
Santiago's 12th Guarantee Court granted an appeal by the defence of Álex Vega Torres, accused in Operation Apocalypse II, and ordered his transfer from Maximum to High Security.
Guarantee Court corrects detention unit for accused in Gendarmería corruption case
Santiago's 12th Guarantee Court ordered on 9 October the transfer of Álex Vega Torres, former Gendarmería official and accused in Operation Apocalypse II, from the Maximum Security unit to the High Security unit of the Special High-Security Penitentiary Facility (REPAS), according to ucvradio.cl.
The ruling was made after granting an amparo (protection order) filed by the defence of the accused, who remains in preventive detention for alleged crimes of aggravated bribery, money laundering, and unlawful duress resulting in death.
The court found that Gendarmería was not complying with the penitentiary placement determined at the formalisation hearing on 6 October, at which it had been expressly ordered that Vega Torres be admitted to the High Security unit of REPAS.
The situation was noticed by defence lawyer Ernesto Muñoz Chambre, who visited his client on 9 October itself and verified that he remained detained in the Maximum Security sector. Based on that finding, the defence filed the amparo action by telephone with the court, invoking Article 95 of the Criminal Procedure Code.
Judge Sara Elena Mardones Estuardo reviewed the case materials and the record of the formalisation hearing, verifying the discrepancy between the placement ordered by the court and where the accused was actually being held. With that support, the court granted the action and ordered Gendarmería to strictly comply with the prior ruling.
The ruling establishes that the severity of the crimes under investigation does not, by itself, authorise modification of a specific judicial determination regarding where preventive detention should be served. The resolution does not alter the protective measure in force nor does it imply the end of preventive detention, but rather adjusts the conditions and unit in which the accused must remain detained.
The transfer represents a concrete change in the conditions of Vega Torres's detention. In the High Security unit, detainees have greater opportunities for interaction, access to activities and direct visits, although under strict surveillance measures. In the Maximum Security sector, by contrast, detainees spend up to 22 hours daily in individual cells and have only two hours in the yard. Visits are conducted through telephone booths with physical separation by glass, with no direct contact with family members.
These differences between the levels of penitentiary security had previously been explained by then Minister of Justice Jaime Gajardo in reference to the operation of REPAS.
Álex Vega Torres is one of the accused in Operation Apocalypse II, an investigation involving current and former Gendarmería officials for alleged corruption offences. He was formalised on charges of aggravated bribery, money laundering, and unlawful duress resulting in death, charges for which he remains subject to preventive detention.
The ruling by the 12th Guarantee Court is limited exclusively to the conditions of detention and establishes that Gendarmería must comply with the penitentiary placement determined by the court while the protective measure remains in force.
Source: Google News CL — Santiago