Corte ordena la liberación del ex DINA César Manríquez Bravo debido a un 'trastorno mental incurable'

Original article: Justicia ordena liberación de exagente de la DINA César Manríquez Bravo por «enajenación mental sobreviniente» The San Miguel Court of Appeals has accepted a legal petition and ordered the release of former DINA agent César Manríquez Bravo, aged 95 (as shown in the photo), citing that he suffers from a clinical condition equivalent to an «incurable mental disorder. » The perpetrator, who served as the head of the DINA’s Intelligence Brigade, was previously imprisoned under multiple sentences for crimes against humanity, which included sentences of 10, 15, and 20 years. Among the cases leading to Manríquez’s convictions were the kidnappings of filmmakers Jorge Müller and Carmen Bueno, as well as MAPU militant Sergio Lagos Hidalgo, which occurred in 1974, in addition to several disappearances linked to Operation Colombo.

«Incurable Mental Disorder» The court’s ruling indicates that the San Miguel Court considered expert reports from the Legal Medical Service, reflecting a deterioration in the cognitive abilities of the convicted individual. Consequently, the tribunal concluded that the former DINA agent presents an irreversible dementia syndrome, equating to a mental disorder that requires permanent care and does not pose a risk to others. «Thus, maintaining the measure of imprisonment under such conditions is incompatible with national and international standards for the protection of fundamental rights, and a legal interpretation should harmonize domestic law with the international obligations undertaken by the State,» the ruling states.

In its analysis, the San Miguel Court invoked Article 687 of the Code of Criminal Procedure, which states that «if after the conviction, the convicted person suffers from a mental disorder, the judge shall issue a reasoned resolution stating that the restrictive or punitive sentence shall not be enforced. » The same article adds that «the convicted person whose freedom poses a danger will be placed at the disposal of health authorities. Those whose freedom does not pose a risk will be released under custodial and treatment bail, provided that the sentence or sentences imposed collectively signify a deprivation or restriction of liberty for more than 5 years.

» Thus, the perpetrator César Manríquez will be handed over for his «custody and treatment» to his spouse.