FRIDAY, 11 JANUARY 2013 16:21 | WRITTEN BY CHARLOTTE KARRLSSON-WILLIS
Chilean brothers charged in deadly fire, but only one faces terrorist charges.
José Córdova out on probation while his brother Celestino faces terrorist charges.
Córdova brothers formally charged in Luchsinger and Mckay deaths. Photo courtesy of CNN Chile/Facebook.
Two of the suspects for the arson that took the lives of a couple in the Araucanía Region were officially charged Friday morning, only one of whom was held in custody.
When the case first broke after the Jan. 4 fire took the lives of Werner Luchsinger, 75, and his wife Vivianne McKay, 65, Interior Minister Andrés Chadwick announced that the Antiterrorism Law would be used against those responsible.
Celestino Córdova is currently the only suspect facing terrorism charges for his role in the fire, while his brother, José Córdova, faces charges related to possession of an illegal firearm. A third suspect, Carlos Hueirao, was arrested Thursday morning and has yet to be formally charged.
Because of his lesser charge, José Córdova was set free on probation while awaiting trial, a period that will likely take at least six months. Conversely, Celestino will remain in custody until further notice. He was arrested shortly after the Carabineros responded to the scene on Jan. 4. He was found wounded and fleeing the area. The police believe he was shot by Luchsinger, a claim supported by the audio released of McKay’s call to the Carabineros immediately following the attack.
Under the Antiterrorism Law, Celestino Córdova can be imprisoned until his case is cleared or he is formally sentenced. Many criticize the law for its pre-trial incarceration, claiming it punishes individuals for a crime for which they have not yet been proven guilty. The law has also come under fire by human rights groups who claim it is disproportionately used against the indigenous Mapuches and other minority groups.
The Antiterrorism Law specifically includes provisions for attacks and homicides committed with incendiary devices in Article 2.
Human rights groups, including the Observatorio Ciudadano, have come out against both the violence that is taking place in the Araucanía region and the use of the sweeping laws such as the Antiterrorism Law, while making no reference to the Cordóva case in particular. The violence in Araucanía includes the arson and deaths of Luchsinger and Mckay as well as recent attacks against Mapuche individuals and establishments such as the arson attack of a Mapuche school last week.
“We particularly condemn the events that have resulted in the loss of human lives, such as the Luchsinger and Mckay couple’s death, and injuries to the physical integrity of people, in this case Mapuches,” the Observatorio said in a statement released Friday. “We urge the judiciary to develop a diligent and impartial investigation based on ordinary legislation, not exceptional laws – whose application to these acts and whose consistency with the rights of due process are clearly questionable – to ensure the identification and punishment of those responsible.”
Source: The Santiago Times