The santiago court of appeals declared illegal the forced retirement of lieutenant colonel fernando fuente-alba pinochet, son of former army commander juan miguel fuente-alba, and ordered his immediate reinstatement with payment of owed remuneration. The unanimous ruling questioned the defense ministry's decision based on an army health commission report that did not align with the facts. The state defense council appealed to the supreme court.
Fernando fuente-alba pinochet, with nearly 20 years of service in the army, was called to forced retirement without pension rights in october 2024, following a health commission report deeming him unfit for duty on april 18 of that year. The officer, cleared in a corruption case, claimed in his protection appeal that his removal stemmed from 2023 denunciations of irregularities in the engineering division, where he was ordered to prepare a false report for a contraloría audit, leading to workplace harassment, discrimination, and medical leave for sleep disorders and post-traumatic stress.
The santiago court of appeals, in a unanimous ruling by the seventh chamber comprising ministers josé pablo rodríguez, tomás gray, and assistant lawyer manuel antonio luna, determined that the temporary retirement decree from the defense ministry, then led by maya fernández, lacked factual basis and proper motivation. "In addition to not having a factual basis established as true, since the health commission's opinion conflicts with the actor's medical clearance, it also incurs a lack of motivation," states the sentence.
The court concluded that fuente-alba pinochet had returned to his duties after leave, invalidating the health incompatibility grounds for retirement. It ordered the decree annulled, his reinstatement to regular duties, and payment of all accrued remuneration plus adjustments. The judges noted that the health reports were "incomplete and do not align with the truth of the facts," tainting the administrative act with illegality.
The state defense council appealed the ruling to the supreme court's third chamber early last week. His lawyer, rafael harvey, a former army captain, hailed the decision as "an act of justice and vindication." He criticized the defense ministry for "shielding abuses, impunity, and corruption," hoping for changes in the next administration.
