The defense of the Minister of the Interior, Izkia Siches, responded to the constitutional accusation against the Secretary of State in a 158-page document. The text, entered by the lawyer Elizabeth Walkerreplicates the seven chapters of the accusatory libel.
The constitutional accusation was filed by the bench of deputies of the Republican Party and is being reviewed by a Review Commission, which has an opposition majority. The instance must issue a report, recommending that the Chamber approve or reject the libel.
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Chapter 1
Regarding the first chapter of the accusation, referring to the withdrawal of complaints by the State Security Law in cases of social unrest, Siches’ defense indicated that “who has the exclusive function, as determined by the Constitution and the laws, of the persecution and investigation of the crimes and the determination of those responsible, is not the Ministry of the Interior and Public Security, but the Public Ministry”.
Episode 2
Regarding the second chapter, linked to the lack of a complaint after the failed visit to Temucuicui, the defense indicated that “there is no such thing as a duty to file complaints, so there may be an omission of a complaint as an alleged violation.”
“Secondly, although there is a duty for public officials to report the facts constituting a crime that are known in the exercise of the function they perform, in this case there is no failure to report, since the complaint was made ” , he added.
Chapter 3
Chapter 3 covers Minister Siches’ use of the term Wallmapu. In the text, Siches and Walker ruled out a “political and diplomatic impasse.”
“The statements of the President Gabriel Boric and the President Alberto Fernandez; the apologies and rectifications that I delivered and their positive reception by Argentine deputies; the clarification of the Minister of Foreign Affairs of Chile in a media outlet; and the successful development of the presidential tour in Argentina, reinforce the non-existence of a “political and diplomatic impasse”, indicates the document.
Chapter 4
The fourth chapter refers to the inaccurate information provided by the head of the Interior regarding a flight with expelled migrants.
“This minister delivered information having grounds for it. It has never been my intention to declare ‘falsehoods’, much less that behavior has been persistent, repeated or habitual, as the authors of the accusation have claimed, “said the defense.
“Yes, it is possible to specify, and I have publicly acknowledged it, that on two of the four occasions narrated in the accusatory libel – those referring to the transfer of citizens of Venezuelan nationality – I intervened with misleading or imprecise information whose origin was due to carelessness that was not They were not attributable to me at all. In effect, this information was publicly rectified, as soon as I became aware of the misunderstanding, “he added.
Chapter 5
Regarding the fifth chapter, which speaks of compromising the migratory situation in the north of our country, Siches pointed out that “judicial expulsions are determined by a judge as a substitute sentence for those foreigners who do not legally reside in the country.”
“The criminal judge has the power, ex officio or at the request of a party, to substitute the fulfillment of the sentence when it is equal to or less than five years in prison or minor imprisonment in its maximum degree with expulsion from the territory,” he added.
Chapter 6
Regarding chapter 6, in which the Minister of the Interior is accused of a late reaction to the acts of violence in the Biobío and La Araucanía regions, the Secretary of State’s defense indicates “the consequences of the conflict in the southern zone are not can be attributed to a single person, much less to this Minister of the Interior and Public Security”.
“The situation that the accusers describe in their libel and the damage to the fundamental guarantees that they invoke to prove an alleged violation of article 1 of the Political Constitution of the Republic, cannot be attributed to any action or omission of this Minister of the Interior and Public Security, which in just 3 months in office cannot solve a long-standing conflict in the history of our country”, adds the text.
Chapter 7
In the last chapter -omission of a complaint due to statements made by the leader of the Coordinadora Arauco Malleco (CAM), Héctor Llaitul-, Siches and Walker pointed out that “the criminal action and the prosecution of the acts constituting crimes may be carried out by any of the and the prosecutors belonging to the Public Ministry, who are in charge of directing the investigation and carrying out the corresponding actions.”
“In addition, within the framework of the different stages of the process, in particular, during the investigation, the Public Ministry may issue direct orders to the Law Enforcement and Security Forces,” they added.
