The Supreme Court decided to prevent those who do not have their mobility pass from entering the courts of justice in person.
The measure, which is aimed at those who attend the hearings in person, is part of the “Covid-19 management and prevention protocol in courts and judicial units.”
The members of the country’s highest court established that “all persons who perform functions in the various court offices and judicial units, as well as those who attend these venues to participate in hearings or closed places, must have a valid mobility pass, not applying said requirement to those who participate in such instances by telematic means.
Furthermore, according to information provided by Thirddetermined that “the administrator or coordinator of courts and judicial units will organize rotating face-to-face shifts that consider face-to-face attendance of up to 60% of their total staff, excluding those who are hired in a 100% telematic mode.”
Judge Gloria Chevesich was against it and considered that “it is not possible to assimilate their situation to that of officials who provide face-to-face work in courts, since such a provision implies imposing a regime that exceeds the health regulations that govern the matter,” referring to that inoculation is voluntary.
In any case, the question remains about how the criterion will be applied to the accused or the unvaccinated victims. This is because according to the current Constitution “every person has the right to a legal defense in the manner that the law indicates and no authority or individual may prevent, restrict or disturb the due intervention of the lawyer if it has been required.”
A few days ago, the Supreme confirmed the ruling of the Court of Appeals of Arica that rejected the protection appeal deduced against the implementation of the mobility pass, which imposes restrictions on those who are not vaccinated or have not completed the inoculation process against of the coronavirus.
In the ruling (cause role 66.424-2021), the Third Chamber of the highest court – made up of minister Sergio Muñoz, ministers Ángela Vivanco, Adelita Ravanales, Eliana Quezada and lawyer (i) Diego Munita – dismissed arbitrary action by the authority health, who acted within its legal powers, based on scientific evidence and safeguarding the health of the population.
“That the aforementioned Mobility Pass, its requirements and the vaccination treatment, have been implemented by the health authority, including the Institute of Public Health, together with a Committee of Experts made up of recognized professionals in the area,” stated the ruling.
