Controversy in Chile: Convicted of burning an elderly couple alive received the benefit of Sunday outing

Werner Luchsinger and Vivianne Mackay were a couple of farmers who lost their lives in 2013 as a result of an arson attack on the employer's house where they were. The flames were started by a group of radicalized Mapuche. For the attack, there are two people convicted: José Tralcal Coche and Luis Tralcal Quidel, both with a sentence of 18 years. However, the Tralcal cousins received the prison benefit of Sunday departure, which has been harshly criticized by certain political sectors.

After the announcement of the first Sunday outing, from the Centro de Educación y Labo (CET) prison of José and Luis Tralcal, the Chilean Vamos coalition criticized the decision and the Secretary General of National Renewal affirmed that they will officiate to the Gendarmerie for the fact.

Sunday's exit comes after a hunger strike initiated by those convicted on March 2, “as the only tool of political struggle from prison”, according to José and Luis Tralcal, who in a public statement stated that, despite complying with the internal regulations of the Gendarmerie for exit benefits, “the institution has put up a number of obstacles to accessing such benefits”. After 21 days of hunger strike, they were given the opportunity to leave the CET to visit their families.

The convicts used the prison benefit on Sunday, March 27, in the city of Victoria in the region of La Araucania, 700 kilometers from Santiago. They left prison at seven o'clock in the morning and had 15 hours to make use of the Sunday outing. We both return to the prison at around 10:00 p.m.

The lawyer of the Tralcal cousins Sebastián Saavedra valued the decision and said that he hopes that “they will be able to enjoy their family”. Quite the contrary, the defender of the Luchsinger family Mackay criticized the decision.

The lawyer Carlos Tenorio confirmed that the decision of the Gendarmerie “generates discomfort for the victims, in whom we are operators of the judicial system, because all the work that was done to obtain a margin of justice remains in absolute mockery.” The lawyer said.

He added that “the convicted Tralcal were fugitives from justice, they had to be learned to start serving their sentences, they enjoyed prison benefits very soon. Residing in a prison that is very well-off in relation to the prison population in Chile, what are the Study and Work Centers, in this case in Victoria,” confirmed the family sponsor.

In addition to these criticisms was the Governor of La Araucanía Luciano Rivas, who in conversation with Estado Nacional, said that “the crime of marriage Luchsinger Mackay has probably been one of the hardest that our region has ever had. These people were also on the run from justice for quite some time, if there is a feeling that haunts in the region it is impunity.”

The sentence against the Tralcal cousins was handed down in 2018, although they were apprehended in 2019 as they were fugitives from justice for a year.

The parliamentarian Felipe Kast also referred to the benefit of the convicted, this was done through his twitter account, where he said: “Sunday March 27: Gabriel Boric's government gives Sunday freedom to murderers who burned the Luchsinger Mackay couple alive”.

However, Human Rights lawyer Fernando Leal, corrected the parliamentarian's statements and replied: “Being a senator of the Republic, the least thing to expect is that you study and not remain ignorant for life. Read D.S. 518: The granting, suspension or revocation of a prison benefit is the exclusive power of the head of the penitentiary institution,” he said.

Another parliamentarian from Chile Vamos who referred to the case was deputy Miguel Mellado (National Renewal), who judged the decision. “They haven't even been three years old and they already have Sunday freedom. They are privileged, they were on a Victoria set where they didn't even have bars.”

Rep. Jorge Rtahgeb reacted from the same coalition, who warned that “Sunday departure is a benefit of the prison system that must meet very strict requirements. We have requested that it be finally established whether this has been complied with or not, or that the proper procedure has been skipped,” said the parliamentarian for National Renewal.

The secretary general of the same party confirmed to Radio Biobío that they will officiate to the Gendarmerie and the Ministry of Justice for the decision granted to José and Luis Tralcal. “It seems to us that the signals being sent by the government on different fronts are translating into a kind of pro-impunity agenda,” said Diego Schalper.

The lawyer for the Luchsinger Mackay family mentioned that they are evaluating what to do and are seeing the possibilities of reversing Sunday outings: “It could be some administrative remedy against the Chilean Gendarmerie, eventually a remedy for protection. There are examples of remedies for protection that have reversed such situations. Without going any further, I remember the victims of the 'slaughtered' case (in Chilean dictatorship members of the Communist Party were arrested and killed by the Carabineros) who obtained through this remedy a revocation”.

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