During this Monday, the Supreme Court accepted the appeal for protection filed by victims of “rural violence” and ordered the Presidential Delegation of Biobío to adopt the “necessary coordination” to prevent the repetition of attacks and the registration of other incidents in the region. .
According to Emol, the third chamber of the highest court, in a divided decision, revoked the contested sentence previously issued by the Court of Appeals of Concepción and, instead, accepted the precautionary action after reflecting that “there are evident risks of affecting the right to the physical and mental integrity, freedom of movement and property of the appellants”.
The resolution -previously issued by the Court of Appeals- gave an account of the decision to revoke a protection measure issued by the Biobío Regional Prosecutor’s Office, in which Carabineros personnel were ordered to carry out periodic rounds on the properties of the people. who are accused of being “victims of rural violence”. Given this, those affected decided to file an appeal against the delegation.
“It cannot be lost sight of that the primary focus must be on the adoption of measures aimed at preventing such contingencies for the specific case, since the lack of effectiveness of the policies implemented to face this type of event has been noticed, it is necessary to sue the authority empowered to adopt the protection measures that are required, leading to avoid the pernicious consequences that the group of appellants have faced, due to the particular conflict that has developed,” the ruling states.
However, it should be noted that, although the ruling of the Supreme Court applies to the current authorities in charge of the Presidency Delegation of Biobío, these protection appeals filed during the trial respond to acts of violence recorded in 2021, that is, to the previous administration.
In this scenario, the highest court ruled that “the Regional Presidential Delegation, in accordance with its powers granted by Organic Constitutional Law No. 19,175 on Regional Government and Administration, must – prior coordination with the corresponding ministerial portfolios and institutions – implement a plan of measures that seek the efficient and comprehensive protection of the appellants who have seen their rights threatened, with a view to avoiding the occurrence of this type of events against them.
