#Human #Rights #Commission #attacks #national #prosecutor #defense #Jadue
In the context of the new Amnesty International report made official this Wednesday, work that addresses the situation of human rights in our country and the world, the Chilean Human Rights Commission (CChDH) showed his discomfort at the deployment of some institutions in our countrycase of the National Prosecutor’s Office, responsibility of Ángel Valencia.
«The report is marked by the impunity of the graves crimes committed against human rights during the denominated social outbreak»assures the entity led by Carlos Margotta questioned that, according to the report, “until December” they only filed charges “in 127 of the 10,142 cases of complaints related to human rights violations committed in that period, with a result of 38 sentences convictions and 17 acquittals.”
Figures that, according to the CChDH, “reveal a serious breach of the State’s obligations (…) in matters of truth, justice, reparation and guarantees of non-repetition, and comes backn to put in the debate the serious questioning of the Public Ministry that exists among the victims and a large part of the citizensfor its lack of due diligence in the judicial investigations it conducts and the lack of impartiality in which it exercises its functions.
«Las human rights organizations reproach in due course the decision of the National Prosecutor, Angel Valencia, to remove the Regional Prosecutor, Xavier Armendáriz, from his duties, and consequently, a la Fiscal Ximena Chong, that until now had been assigned to investigate cases of crimes against humanity, initiated by complaints filed, among others, by the Chilean Human Rights Commission,” adds the Commission.
Deployment of ‘legal warfare’
Additionally, The organization points to the “inexplicable situation experienced by the mayor of Recoleta (…) Daniel Jadue, who despite not being subject to any precautionary measure that would prevent it, He was unable to travel outside the country due to a prosecutor’s threat to issue an arrest warrant against him due to the danger of flight or fear that he would seek asylum”, ensuring that this action “questions the due objectivity of the Public Ministry, established as a duty in its respective Organic Law No. 19,640 and in the legislation criminal procedure.
«In addition, these facts give argument and support to the idea that against certain leaders, authorities and political forces that challenge the status quo, there is the deployment of a strategy of ‘legal war’ or ‘Lawfare’what flagrantly and seriously violates the principles of due process, the right to equality before the lawand the duties of objectivity and impartiality in the actions of the Public Ministry and the Judiciary (…) essential bases of the Rule of Law,” details the document made official this Thursday.
Likewise, the CChDH recalls that «the UN Human Rights Committee (…) noted that ‘judges should not allow their ruling to be influenced by personal biases or prejudicesnor have preconceived ideas regarding the matter under study, nor act in a manner that improperly promotes the interests of one of the parties to the detriment of those of the other and that ‘the court must also appear impartial to a reasonable observer.’
“That is to say, Judges must not only be impartial, but they must also appear to be impartial.the Commission emphasizes, recalling that the aforementioned instance, regarding a situation that Lula da Silva experienced in 2016, assured in an opinion that “all public authorities have the duty to refrain from prejudging the results of a trial, for example, refraining from making public comments declaring the guilt of the accused and that the media should avoid expressing opinions prejudicial to the presumption of innocence.”
Finally, the entity led by Magotta emphasizes that the social outbreak was generated in the context of a profound lack of legitimacy of the institutions of our country, and that, after more than four years, “Citizens’ perception has not changed because the substantial changes demanded have not occurred.”
Amnesty International released its 2023/2024 Annual Report on the human rights situation in Chile and the world.
In relation to our country, the Report is marked by the Impunity of the serious crimes committed against human rights during the so-called social outbreak. pic.twitter.com/jWlbIsxdsO— Chilean Human Rights Commission (@ComisionChilena) April 25, 2024
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