6.
Thus, the Court merely established, in one case, the re-opening of the
investigation and, in the other, the continuation and conclusion of the investigation,
followed by all the subsequent procedural stages up until the possible sentencing and
conviction of those responsible was obtained, without establishing an alternative or
supplementary penalty, if no sanctions were imposed. To the contrary, with due respect,
I understand that a compensatory sum should have been established in case it was not
possible to establish the guilt of those responsible, which unfortunately will be very
difficult or perhaps impossible. Moreover, since laws and judgments should not contain
words or orders that are meaningless, at the very least, compensation should be
established.
7.
There are many reasons for the facts of this case to remain unpunished. The
incidents occurred almost 18 years ago, in 1996. However, they remain at the
investigation stage and, in the future, must be processed at all the levels of the courts,
perhaps for decades. It is difficult to imagine when there could be a final decision.
Furthermore, it is easy to foresee the limited possibility of effective punishment, due
either to lack of evidence, increasingly scarce with the passage of time, or to a possible
statute of limitations.
8.
In my opinion, the Court should establish pecuniary compensation for the cases
that, when the judicial stage has concluded, have not obtained a conviction, resulting in
impunity and feelings of injustice for the victims. Although it is not possible to remedy
the pain and the thirst for justice, my proposal was to establish in this and in similar
cases, a sum of between US$50,000.00 and US$150,000.00 as compensation in cases
where no conviction is obtained.
9.
If the law should not include words that are meaningless at the risk of being a
simple piece of paper, much less are innocuous decisions acceptable in the judgment
delivered by a court at the risk of being merely an empty promise.
Roberto F. Caldas
Judge
Pablo Saavedra Alessandri
Secretary
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