We invite you to read the letter written by our senior associate of the Criminal Group, Daniela Castillo, where she addressed the recent attack that affected a hydroelectric power plant and the scope of the Anti-Terrorism Law in this case.
MR. DIRECTOR:
The recent attack that occurred at the Rucalhue hydroelectric power plant, in Santa Barbara, constitutes an event of extreme criminal and social gravity. This episode not only represents an attack on private property and the physical integrity of people, but also a direct aggression against the development of strategic infrastructure for the country.
The level of violence deployed in the attack, the coordination of the armed group, the selective nature of the target – an energy generation plant under construction – and the massive damages caused, not only evidence a planned execution, but also comply with the typical elements required by Law No. 21,732 (Anti-terrorist Law), published in February of this year, to qualify this conduct as terrorist. The act aims to seriously affect the economic development of the area, and even inhibit State action in territories where institutional control is already strained.
In this sense, the correct legal qualification cannot be limited to the common criminal types of arson, damage or injury. It is essential to apply the specific criminal statute provided by Law No. 21,732, which not only allows a criminal prosecution proportional to the seriousness of the act, but also reaffirms the State’s commitment to the protection of the democratic order against the instrumental use of organized violence.
The operability of this law requires decisiveness and legal coherence. If in the face of events of this magnitude the legal tools expressly established to combat terrorism are not used, there is a risk of weakening the authority of the State and sending a message of impunity incompatible with the fundamental principles of the rule of law.
Letter written by:
Daniela Castillo | Senior Associate Criminal Litigation Group | dcastillo@az.cl
