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Five prefects were sentenced for the murder of the young Mapuche Rafael Nahuel during an eviction in Villa Mascardi

2023-11-29T15:49:08.378Z

Highlights: Five prefects were sentenced for the murder of the young Mapuche Rafael Nahuel during an eviction in Villa Mascardi. One of them received 5 years in prison for "aggravated homicide committed in excess of self-defense" The other officers were given 4 <>/<> years for being "necessary participants." Rafael Nahuele (22) died in November 2017, after being shot in the back during an evict of a Mapuches occupation of Bariloche National Parks lands.


One of them received 5 years in prison for "aggravated homicide committed in excess of self-defense." The other officers were given 4 <>/<> years for being "necessary participants."


Rafael Nahuel (22) died in November 2017, after being shot in the back during an eviction of a Mapuche occupation of Bariloche National Parks lands. For the crime, five prefects were put on trial. After 20 hearings and the testimony of 63 witnesses over three months, plus the analysis of expert reports and a visual inspection at the scene of the crime, the convictions were announced.

The Federal Oral Court (TOF) of General Roca sentenced Sergio Cavia on Wednesday to five years in prison for aggravated homicide committed in excess of self-defense. Francisco Javier Pintos, Juan Ramón Obregón, Carlos Valentín Sosa and Sergio García received 4 and a half years as necessary participants for the same crime.

This was reported by the court when reading this morning the verdict in the trial for the murder of the young Mapuche, committed on November 25, 2017 during an operation by the Albatros Group on a disputed property between the Mapuche community Lafken Winkul Mapu and the Directorate of National Parks in Villa Mascardi, Bariloche.

After more than three months of hearings in the oral and public instance of the trial, the court made up of Alejandro Silva (president), Simón Bracco and Pablo Díaz Lacava gave its verdict in a hearing that began at 9 a.m. with the final words of the defendants.

The hearing was attended by the Secretary of Human Rights, Horacio Pietragalla Corti, whose portfolio is a plaintiff in the case, and relatives of victims of institutional violence, such as Alberto Santillán, father of Darío, one of the social activists murdered in 2002 in the vicinity of the Pueyrredón Bridge along with Maximiliano Kosteki. In the vicinity of the courts, which presented a reinforcement of their security, militants from leftist groups, social movements and Mapuche communities demonstrated.

During the judicial process, the three plaintiffs participating in the trial had requested a sentence of life imprisonment for the five members of the Albatros Group of the Argentine Naval Prefecture, considering them functional co-authors of the crime of doubly qualified homicide in ideal competition with aggravated homicide in the degree of attempt.

Protest by Mapuche youth demanding justice for the death of Rafael Nahuel. Photo: Archive - Marcelo Martinez

Meanwhile, the Prosecutor's Office had requested five years in prison for each of them, for the application of the mitigating factor of "excess in self-defense", since it was proven that in the event there was a confrontation with firearms, and that the uniformed officers, in that context, acted protecting themselves although beyond what is established by the protocols of action.

Finally, the two defense attorneys representing the Albatrosses asked the Court to acquit the five defendants on the grounds that they acted in self-defense, without excesses in their behavior and under excessive and armed aggression.

The Crime of the Mapuche Rafael Nahuel

The incident occurred on November 25, 2017 in the town of Villa Mascardi, in the context of a seizure of land claimed by the Lafken Winkul Mapu community, where the prefects carried out an operation that ended with the death of Rafael Nahuel.

The defendants are members of the elite group Albatro. In the middle of the operation, the young Mapuche man was shot in the back. The bullet entered through his left buttock, injuring organs as it passed through the interior of his body.

The Prefecture was complying with an order from the then deputy judge of the Federal Court of Bariloche, Gustavo Villanueva, who required that the perimeter of the disputed territory between the community and National Parks, which had been evicted two days earlier, be secured.

The magistrate had issued the eviction order based on a complaint of "usurpation" made on November 17 by the Nahuel Huapi National Park.

The Lafken Winkul Mapu community had announced at the beginning of that month the "recovery" of about 10 hectares – of the 710,<> hectares owned by the Nahuel Huapi National Park – in that area of Villa Mascardi. A week later came the eviction and subsequent incursion of the Albatrosses, which ended with the death of Rafael Nahuel.

The case entitled "Pintos, Francisco Javier and others on simple homicide, usurpation and aggravated armed robbery", in which Alejandro Nahuel - father of the young Mapuche - was the plaintiff, had as defendants First Corporal Cavia for the crime of "aggravated homicide committed in excess of legitimate defense" and the other four members of the Albatros group as "necessary participants" in the event.

The cover with which the case arrived at this instance of oral trial was criticized by the lawsuits representing Nahuel's family, the Secretariat of Human Rights of the Nation and the Permanent Assembly for Human Rights (APDH) of Bariloche.

With information from Télam

Source: clarin

All news articles on 2023-11-29

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