Checkmate by the left or an own goal by the right?

El Líbero, April 3, 2024

The Armed Forces will always stand by Chile and Chileans, but they need assurance from Chileans that they will not end up behind bars when state force must be applied through the use of arms.

Many Chileans were surprised and perhaps even more than that, shocked by the case of soldier Robledo and the other three members of that unit who were affected by processes lacking the most basic and due justice. Much has been written about them last week, and I hope it generates some reaction.

One would expect that the issue does not end there and that something happens after this desperate call to action, rather than it being just a fleeting novelty, since as of now, soldier Robledo is imprisoned serving a 10-year sentence, the captain Faundez is imprisoned in a regiment awaiting the outcome of a complaint before the Supreme Court, which if unsuccessful means he returns to Colina to complete his 15-year sentence. The corporal Arenas is imprisoned in a regiment awaiting the outcome of a petition before the Constitutional Court, as he is not being allowed to receive benefits due to having a sentence of less than 5 years. The only one who is free is conscription soldier Rojas because he had spent more days in prison than his final sentence.

One would hope that some would financially support the work of the Foundation “We Care”, that young lawyers would offer their time to defend our military and police, or that we would ask our representatives in Congress to take legislative action either to prevent such cases from happening again, or to release those who are imprisoned or serving sentences for similar circumstances, such as the case of the marines from Cañete.

The reality is that, if we do nothing, we will have literally accepted a checkmate by the left, one that has been constructed after multiple moves they have been developing for over 20 years, or since the start of the criminal procedural reform in 2000, from which they have taken advantage to develop a guarantee-based agenda that supports their Gramscian strategy.

Members of the Armed Forces need certainty that it will not be them, the good ones, who end up in jail when the State of Chile sends them to perform tasks related to public security and force must be used to fulfill the mandate, whether in the protection of critical infrastructure, constitutional states of emergency, or border security.

The above is not fiction, as demonstrated by the case of soldier Robledo, captain Faundez, and corporal Arenas. Like them, there are many other military personnel, sailors, and police officers who are imprisoned or prosecuted for their participation in states of emergency, or those who, due to serving during the military government, are serving sentences in Punta Peuco, Colina, and other prisons.

I say checkmate by the left or an own goal by the right because we face a reality where we have many guarantee judges who are extremely lenient with insurgents, terrorists, criminals, and delinquents, but do not apply the same standards to military personnel or police officers.

We have a Public Prosecutor’s Office that, to a large extent, like the courts, is captured by individuals who have their hearts set on the left, which is evident in their actions, the priorities they have, and the treatment they give to those who are or were uniformed, with the clearest example being the persecution of the general director of Carabineros and his predecessor, both for command responsibility during the so-called “social outbreak.”

We have a National Institute of Human Rights (INDH) that only defends those they believe are victims and never a military member, who does not have the most basic human right, which is to receive a fair and humane process, and that at the first deviation from what they consider correct, they attack and publicly destroy, as is the case of Sergio Micco, who as head of the INDH refused to affirm that there was a systematic violation of the human rights of Chileans by the Piñera government between October and November 2019.

We have justice processes for our military and police that do not recognize that they are acting as such and under instructions from the State of Chile, which means they are judged as civilians and under the presumption of being delinquents or criminals, in what is a perfect example of the good being bad and the bad being good, as they should be judged by the specialized military justice courts, which, contrary to what some mistakenly believe, are indeed part of the Judiciary, operate with clear and precise rules, but fortunately, are not captured by the left.

We have rules of use of force that prevent the use of force, that protect criminals and delinquents, and that allow anyone wishing to engage in insurgent, terrorist, criminal, or delinquent activities to act with impunity. This is not a new issue; it has been ongoing. It is something where governments, whether left or right, have erred, an error that arises from not understanding that the Armed Forces are not part of public security, and that when they are exceptionally employed, it is because the military force of the State must be used to impose the rule of law and control or regain territory.

We have politicians who think that military and police personnel, simply because they wear a uniform and carry weapons, are the same, and who avoid assuming their political and judicial responsibility when they deploy constitutional states of emergency or employ the Armed Forces in public security tasks, leaving them alone and defenseless, at the mercy of the INDH, prosecutors, and anti-uniformed judges.

We have politicians who either do not make the correct diagnoses, or seek to avoid addressing the underlying problems, or do not dare to resolve them, or fulfill their constitutional mandate to ensure public order, which leads them to an incorrect use of military force, as is the case with the constitutional state of emergency in the Southern Macrozone where things may be calmer, but are far from resolved. Or their inefficient and ineffective use at the borders with Peru and Bolivia where, although control is better, illegal immigrants continue to enter, or what would be their eventual use in protecting critical infrastructure, which does not require protection as it is not threatened, in what is a clear example of not understanding anything and wasting the critical and limited military resources we have. The example of deputies requesting that the Lo Valledor slaughterhouse be declared critical infrastructure makes it clear that they do not know what they are talking about or where they stand.

Unfortunately, the checkmate by the left or the own goal by the right seems to be something we will not be able to correct for now. It could be done if we all become aware and act now, but I doubt that will happen. Otherwise, we will have to wait for things to become uglier and more critical for the cry of Chile to be of such magnitude that things change, and that, if support from the Armed Forces is required, it is in such a way that they do not end up in jail and the bad ones are free.

The Armed Forces will not lend themselves to efforts where, like the cat, they have to pull the chestnuts out of the fire with their hands. The Armed Forces will always stand by Chile and Chileans, but they need assurance from Chileans that they will not end up behind bars when state force must be applied through the use of arms.

It is clear that no one, least of all the Armed Forces, is above the law, but it is another matter when the law works against them and the judicial system screws things up.

In conclusion, I hope our young lawyers are willing to work within the judicial system and do not leave the courts and the Public Prosecutor’s Office entirely in the hands of the left. I know it is better paid and perhaps more respected to work in the best law firms in the area, but nothing is free in this world, and that comes at a cost sooner or later. The left knows this, and that is what constitutes the own goal of the right.

Richard Kouyoumdjian
Vice President AthenaLab

Source: El Líbero