In a decision divided by four votes against one, the First Chamber of the Constitutional Court (TC), declared inadmissible the unconstitutionality requirement against the Arauco Malleco Coordinator (CAM), the Weichan Auka Mapu (WAM), the Mapuche Malleco Resistance (RMM) and the Mapuche Lavkenche Resistance (RML).
As reported The Mercurythe instance in charge of ruling on the matter was made up of the minister and new president of the TC, Nancy Yáñez and the magistrates Miguel Ángel Fernández, Nelson Pozo, Rodrigo Pica and María Pía Silva.
From the highest court they confirmed that in the resolution, which will be released this Thursday, the ministers of the majority considered that what was stated in the request exceeds the implications of the TC declaring said groups as unconstitutional, arguing that, taking into account Considering the tenor of the facts, it is a matter of jurisdiction of criminal justice.
It should be remembered that last Sunday, June 12, the former security coordinator of the southern zone, Pablo Urquízar, filed the request with the TC, relying on the power of the highest court enshrined in article 31 No. 12, which establishes that the Plenary of the instance may “declare the unconstitutionality of political organizations and movements or parties, as well as the responsibility of the persons who had participated in the events that gave rise to the declaration of unconstitutionality.”
In addition, the requirement requested letters from about 20 state and civil institutions, in order for them to deliver information regarding the operation of said groups.
These agencies included the National Intelligence Agency, the Ministries of the Interior, Agriculture, Education, and the General Secretariat of the Presidency. As well as the Public Ministry, the PDI, Carabineros, the State Railway Company, the Catholic Church, among other institutions.
In the days prior to the pronouncement of the TC, the requirement had added support from different sectors. One of them was the Multigremial de La Araucanía, which recalled that “CAM and WAM have publicly said that they are in a war, they have attacked hundreds of people, burning churches, they have murdered and have declared that they are not available to end with violence.”
In that sense, they called on the TC to act “in accordance with Chilean constitutional law, thinking of those who have suffered the consequences of the inaction of the State.”
The letter had also received the support of the opposition, being the deputy of National Renovation, Miguel Mellado, the one who recalled a draft resolution of May, where the Chamber declared the four contested groups as illicit associations of a terrorist nature.
