The spokeswoman for the Supreme Court, Ángela Vivanco, referred to the decision of the Government of the President of the Republic, Gabriel Boric, to expand the lawsuit against the leader of the Arauco Malleco Coordinator (CAM), Héctor Llaitul, after the statements made which, according to the Ministry of the Interior, constitute a crime.
in conversation with meganews, Vivanco pointed out that “this is what indicates that the Government’s decision is what should be done, if they consider that it constitutes a crime, then what should be done is to use the actions and legal tools available.”
“I think that it is very important to tell citizens that situations like the ones we are experiencing have regulations that allow them to be controlled, taken to court, discussed legally speaking, and that this cannot be a no man’s land, where each you make the ads you want with all the danger that those ads can have,” he added.
In this sense, the spokeswoman for the highest court called it “a good option that it has finally been decided to expand the complaints because it speeds up this process, which was a bit bogged down and, on the other hand, it gives confidence to citizens in the sense that situations like this and this type of announcements, which are very serious, at least they have to provoke a legal review to see if they are within the scope of the law or not”.
“It cannot be that threats are said in a broad or open sense and that this remains, in some way, under the rug of an apparent freedom of expression, which it obviously is not. Threatening people with sabotage or with another type of crimes is not part of freedom of expression,” he addressed.
That is why Vivanco maintains that the statements confirm a threat, since “he is making an announcement and it seems to me that it is a credible announcement, which also comes from a person who has the power to carry out these behaviors and, consequently, I believe that it is quite visible that it falls within that scope and not within the scope of freedom of expression”.
“This is about announced conduct and therefore, when announcing this type of conduct, without prejudice to what is subsequently resolved in court, it is appropriate to carry out a legal review of the issue, because otherwise this could become a custom,” he added. .
On the possibilities that the National Prosecutor, Jorge Abbott, had to address the case, Vivanco stated that “the Public Ministry can always investigate those behaviors that seem to constitute a crime, it can always do so.”
“Now, the paths that the Public Ministry is going to take, once it carries out its investigation, are the ones that are going to determine what is going to happen jurisdictionally. If the Public Ministry determines after its investigation that what is appropriate here is to apply the Law of State Security, there effectively requires, as prosecutor Abbott said, a complaint from the government,” he declared.
“However, if that complaint were not there, there are also other types that are contained in the law, which can be applied to situations like this and consequently the ability of the prosecutor in charge is to select those types that are more consistent with the situation,” he added.
“There are resources and there are ways to investigate and to be able to enforce the legal norms against conduct of this kind. The point is the selection and that selection is made according to what has a better destiny before the courts, but it is not that if the Government did not move a piece nothing could be done. Now, it is good that the Government has moved that piece, because that somehow unlocks, “he concluded.
