Original article: Experto penalista por absolución de Crespo y ley Naín-Retamal: «Quienes dicen que no tuvo efecto no han leído rigurosamente el veredicto»
«Those Claiming the Naín-Retamal Law Had No Effect Haven’t Rigorously Read the Verdict»: Juan Pablo Mañalich on the Gatica Case
Juan Pablo Mañalich, a criminal law scholar at the University of Chile, conducted an in-depth analysis of the acquittal verdict in Gustavo Gatica’s case, challenging the public interpretation that downplays the influence of the Naín-Retamal Law. The expert argues that those claiming this legislation had no effect have not rigorously examined the ruling. «Those who say the Naín-Retamal law had no effect haven’t rigorously read the verdict,» he stated, emphasizing that the modification to the crime of unlawful compulsion was crucial in the logic leading to the acquittal of former police officer Claudio Crespo.
Apart from the evidential aspect, Mañalich warned about the dangerous reasoning adopted by the court, which attributed to Gatica a «current and potentially lethal illegitimate aggression» due to his involvement in a protest. According to the criminal lawyer, this reasoning lies at the heart of a greater risk. «I am surprised that this is not currently being discussed, as one can imagine the implications of such reasoning,» he remarked, criticizing the association of individual actions with a generalized threat to justify a disproportionate response.
The professor concluded with a chilling warning regarding the consequences of this judicial interpretation when applied to a context of massive protests. According to his analysis, such criteria could open the door to justifying extreme violence against multiple demonstrators. «That,» he concluded about the court’s argument, «does not hold up to scrutiny,» emphasizing the urgent need to discuss the serious implications of this ruling for human rights and police use of force in Chile.
Notably, one of the voices asserting that the Naín-Retamal law did not significantly impact Claudio Crespo’s acquittal was Minister of Security Luis Cordero, who stated: «It has a very specific purpose,» and that it «is not objectively associated with this,» adding: «I think it is wise to read it before a legal discussion and a discussion of facts regarding which I believe attention should be paid.»
The minister also noted that the Executive branch will «wait for the content of the final ruling so that the State or Executive institutions can issue an opinion on that point.»
Watch the Interview with Juan Pablo Mañalich on Radio Diario Universidad de Chile (video)
