La Araucanía’s presidential delegate, José Montalva, evaluated on behalf of La Moneda the Supreme Court’s decision to revoke José Tralcal’s probation; convicted in the Luchsinger Mackay case.
Montalva said that as a government “we are satisfied, given that in this case, as the interior ministry, we are involved”. The regional authority added that, “like the victim, we made it clear to the court, through an appeal, that the requirements for granting probation were not met and the Court of Cassation accepted this appeal”.
You may also like:
“Our application was granted, as was the application of the victim, who was also an intervener,” said Montalva.
For his part, the president of the Victoria-Malleco Farmers’ Association, Sebastián Naveillán, considered it “unusual” that benefits had been granted to Tralcal: “It is a pity that a man sentenced to 18 years in prison and who was a fugitive and on hunger strike, they are eligible for benefits,” he said.
Naveillán added that “we hope that this convicted person will voluntarily return to his place of confinement, in order to give some peace of mind to the real victims of the most serious crime that has been recorded in La Araucanía in recent times”.
It is worth recalling that, in a unanimous ruling, the Second Section of the highest court – made up of ministers Haroldo Brito, Manuel Antonio Valderrama, Leopoldo Llanos, María Teresa Letelier and Eliana Quezada – excluded the arbitrary action of the Parole Commission of the Court of ‘Appeal by Temuco which rejected the convict’s request, for not meeting the requirements to access the benefit.
“That of the merit of the reports reported, above all as they denote a lack of conflict resolution and self-control skills, being in the process of giving a new meaning to rationalizing cognitive models of crime processing and impulsive functioning, justified on the basis of cultural elements, giving account of procriminal attitude and orientation with a tendency in favor of the crime, for not having recognized participation in the facts”, reads the sentence.
The resolution adds: “That according to the report of the respective Commission, its unanimous decision is based, among other things, on the fact that ‘… in the specific case, and with respect to article 2 n. 1 and n. 3 of the cited legislation, the psychosocial application report of the Gendarmerie takes into account the risk factors of recidivism of the convict, which do not allow to demonstrate, at the time of the application, an adequate reintegration into society.In fact, according to the report on psychopathy ‘Haré SV’, the ‘amparo has personality characteristics with criminological potential and deficient conflict resolution/self-control skills”.
For the highest jurisdiction: “(…) under these conditions, the decision was pronounced by a competent body, exercising its legal powers and this was founded, whereby the amparo filed in this judgment can only be rejected “.
Therefore, it is resolved that: “the contested sentence of December 15, two thousand and twenty-two, issued by the Court of Appeal of Temuco, with deed no. 303-2022, is revoked and, instead, it is declared that it rejects the amparo appeal filed in favor of José Sergio Tralcal Coche”.
See Supreme Court ruling.