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Despite repeated criticism, including from constitutional lawyers, the Government has not backed down from its home inspection plan at National Holidays within the framework of the “Fondéate en casa”. In fact, they have ratified it, explaining that it will be possible to enter homes if they see that a flagrant crime is being committed. Now, despite the Executive’s attempt to show some clarity on the issue, in the Ministry of Health they are still entangled with the concepts, especially regarding the term “raid”, with contradictory statements between the Undersecretary of Healthcare Networks, Arturo Zúñiga, and the metropolitan seremi, Paula Labra.
One of the representatives who tried to clear up the doubts was the metropolitan mayor Felipe Guevara, who insisted today that “a specific court order is not required” to enter the houses, and assured that the issue has sparked a legal and “academic discussion “.
“There is a very interesting academic, political discussion regarding the constitutionality of a norm. That discussion is very good to take place in Parliament, in the academy. It has nothing to do with the obligation of the auditors to enforce the law. Today 155 of the Sanitary Code gives the obligation to health officials, with the reinforcements of the Carabineros, to inspect activities of the sanitary world within the properties. And Article 155 says it very clearly, it talks about houses, apartments, offices, factories, it lists them exhaustively. And it is the same that happens when a health official goes to the house of a person who is positive for COVID to monitor it: the law gives him the right to enter the home, “said Guevara.
Guevara exemplified this with the audits of clandestine parties, which are carried out “since the pandemic began and now there has been a certain commotion, but there is no change regarding what the Health Seremi has been doing.”
Debate for “raids”
Home inspections will be done to ensure that people comply with the established standards, especially with the number of guests that can be received.
In this regard, Seremi Paula Labra reported that they will not carry out random inspections of homes, but will only go to a home when there is a complaint from neighbors or a “flagrant crime” or “well-founded suspicion.”
He also clarified that the inspectors of the Health Department will only enter a home accompanied by the public force (Carabineros or the PDI).
“The important thing is that everyone knows that when the sanitary authority inspectors enter, they will always carry their credentials, with their sanitary authority jacket and also an inspection certificate, and always with Carabineros,” commented the seremi.
If someone rejects the entry of the authority, Labra indicated that the Sanitary Code establishes that the Ministry of Health can even issue a search decree.
There the seremi came into contradiction with the Undersecretary of Assistance Networks, Arturo Zúñiga, who earlier tried to explain in Radio Universe that “the word (raid) is misused. One sees a raid when the police go to a place and start looking for drugs or weapons. What is done here is an inspection and in that sense there must be a complaint, noise, the seremi must be watching how more than five people come in. There must be a flagrant crime. “
However, in an interview with Emol TV, Seremi Labra defended the use of the concept “raid”. “That is the legal term determined in the Sanitary Code, therefore, I cannot refer to another if it is what the norm expresses,” said the engineer.
Stir on Twitter
Meanwhile, Twitter began to be a trend hashtag #Amicasanoentran, which was positioned for a few hours in the TT number 1 in Chile.
Thousands of people have joined the discussion, assuring that they will not allow the inspectors to enter their homes. Among them, various authorities and constitutional lawyers, such as Deputy Marcelo Díaz.
“Attentive and attentive during these holidays! The state of emergency does NOT suspend the right to the inviolability of the home. No one can enter your home without a search warrant,” the parliamentarian tweeted.
Legal experts, such as Claudio Nash, warned that “The Constitution protects the inviolability of the home that can only be affected by law (Article 19.5). A state of catastrophe does not suspend this right. As there is no crime, there are no CPP regulations. Sanitary Code ONLY authorizes search house with specific decree and notification “.
The National Institute of Human Rights (INDH) repeated what it had already reported a few days ago through an infographic: that the inviolability of the home constitutes a principle of Human Rights.
Municipal reinforcement
Regarding the planning of these inspections, Mayor Guevara said that some communes in the Metropolitan Region will add municipal officials for the work of inspections of sanitary measures. These are Huechuraba, Lo Barnechea, Vitacura, Las Condes, Macul, Estación Central, Santiago, Quilicura, Providencia, San Joaquín, Maipú, Ñuñoa, Peñalolén, Pirque, María Pinto, Curacaví, Lampa, Puente Alto, Calera de Tango and La Pintana .
For her part, Seremi Paula Labra said that municipal staff “will be helping to control the National Holidays in their communes. They are the ones who best know where the agglomeration points will be in their territories, so that the ‘Anchor at home’ plan is fulfilled ”.
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