Center For Human Rights and Humanitarian Law
Communication 1848 (Chile)
1848, of July 18, 1974, would denounce, in summary, irregularities in the trial against former Captain of the FACH, Mr. Carlos P. Carbach Astorga, before the Military Tribunal convoked for this case, and that of others being tried at the same time in Santiago. The claimant denounces that in her brother's case, the Prosecutor had requested the death penalty.
A number of documents accompanied the claim, among them, one entitled general information on matters related to treatment of officers of the Chilean Armed Forces, accused of sedition by the Government Junta and copy of the defense statement made by the accused.
The Commission examined this communication at its thirty-third session (July -August 1974) and decided to address to the Government of Chile a note requesting information, and also requesting that should the decision handed down in this case be the death penalty, it be commuted for humanitarian reasons.
In fulfillment of this decision, the Commission addressed a note to the Government of Chile on July 23, 1974.
In a note dated August 16, 1974 (No. 13955), the Government of Chile replied, stating in summary Aon July 30, 1974, the accused was informed of the decision handed down by the Court Martial which, in accordance with the Military Code of Justice, includes at least one attorney as one of its members. The sentence condemned former Captain Carbacho to the sole penalty of life imprisonment in a military prison.
"I should inform you that the Air Force Judge must be informed of this decision; with legal aid, he can confirm or change the sentence handed down by the War Council."
The Commission continued its examination of case 1848 during the course of its thirty-fifth session (May 1975), together with the information provided by the Government of Chile. It decided to file the case without further processing.
The claimant was informed of this decision through a communication dated August 11, 1975.
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