[ad_1]
In a ruling considered historic, the Constitutional Court (TC) this Thursday hosted a appeal of inapplicability due to unconstitutionality filed against the controversial “Easter Law”.
It is a legal body in force since the year 1966, created to adapt Chilean legislation to the “island idiosyncrasy” and which, along with recognizing them as citizens, establishes prison benefits and reduced penalties for locals who commit crimes of rape and sexual abuse.
Meeting in plenary session, the ministers of the body challenged -by eight votes to one- the Articles 13 and 14 of Law N ° 16,441, which creates the Department of Easter Island.
The first of the cited articles establishes that for sexual crimes and crimes against property, “committed by natives of the island and on its territory, the penalty will be imposed lower in a degree to the minimum of those indicated by law for the crime for which they are responsible “. The second, meanwhile, points out that in jail cases, it may be possible to purge “up to two thirds of the sentence outside the prison establishment.”
The request reached the TC by the titular judge of the Mixed Court of Rapa Nui, Alex Guzman, who requested the pronouncement on the cause of Daniel Paoa, islander who was formalized for the alleged crime of own rape that occurred on October 6, 2019 against a woman from the continent. The Prosecutor’s Office is asking for a 15-year sentence against the accused.
TC WELCOMED INA REQUIREMENT REGARDING ARTICLES 13 AND 14 OF LAW N ° 16.441, WHICH CREATES THE DEPARTMENT OF ISLA DE PASCUAhttps: //t.co/BOXLyXzjrp pic.twitter.com/k3Fn6EgFfb
– Trib. Constitutional (@TRIBCONST_CHILE) September 3, 2020
The appeal had the votes in favor of the ministers Maria Luisa Brahm (President of the TC), Iván Aróstica, Gonzalo García, Cristián Letelier, Nelson Pozo, José Ignacio Vásquez, Miguel Ángel Fernández and Rodrigo Pica, “with diverse foundations”, explained the organism.
The only minister who rejected the request was Juan Jose Romero, “because the effect of the sentence that declares the inapplicability it is not compatible with the guarantee that every defendant has of not being punished with a higher penalty than that applicable at the time of the commission of the crime “, indicated the TC. “This rule is expressly contained in our Constitution, as well as in various International Human Rights Treaties. The foregoing does not mean ignoring that there is an arbitrary legal difference that the legislator must urgently remedy “, the court clarified.
Government celebrates decision of the TC
After learning what was resolved by the TC, the Minister of Women and Gender Equality, Monica Zalaquett, celebrated the ruling, because It confirms that “violence against women must have the same sanctions throughout the national territory.”
“Today it is not acceptable that there are different penalties for crimes as serious as rape or sexual abuse. For this reason, as a Government, together with the Ministry of Social Development, we are working to repeal two anachronistic articles that discriminate against women who live in a certain territory, “said the Secretary of State.
In the same vein, the governor of Rapa Nui, Tarita Rapu Alarcón, held that the ruling of the court “contributes to reparation” to the victims and, in addition, gives “hope to all.”
TC ruling today on inapplicability art. 13 and 14 Easter law, due to a specific sexual crime, on the island, contributes to Reparar, to give hope to everyone, progress from the judiciary and #sernameg lawyer who did defense and #Maroa women in community congratulations 😘 https://t.co/0a6m6hnIFq pic.twitter.com/xgWCHDjWOs
– Tarita Rapu, Governor of Easter Island (@Tepitotehenua) September 3, 2020
The undersecretary of Social Services of the Ministry of Social Development and Family, Sebastian Villarreal, stressed that the TC “It determined that the principle of equality before the law should prevail against those who commit the serious crime of sexual assault.”
“The Rapa Nui People have raised this issue as a very heartfelt concern that needs to be resolved. That is why we are promoting an indigenous consultation in which the people of the island can demonstrate about modifying or repealing articles 13 and 14 of the Easter Law, “the government authority stressed.
He @TRIBCONST_CHILE accepted the requirement of inapplicability of articles 13 and 14 of the Easter Law for a serious sexual offense. This is in line with what the People have asked #Rapa Nui and that it must be ratified in the indigenous consultation that as @MinDevelopment we already started. pic.twitter.com/9avWLNBbBs
– Sebastián Villarreal Bardet (@s_villarrealb) September 3, 2020
[ad_2]
