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In an eight-page brief, entered into the Criminal Chamber of the Supreme Court, the Minister of Health, Enrique Paris, requests “the immediate intervention of the judiciary” with the aim of suspending the authorization issued on Friday by the 7th Guarantee Court. The resolution, signed by Judge Patricio Álvarez, welcomed the formula presented by the prosecution to comply with the ruling of the highest court and proceed to seize the emails.
The formula authorized by Magistrate Álvarez gave the green light for the Public Ministry to obtain —through experts from the PDI’s Laboratory of Criminalistics and Cybercrime, under the supervision of the prosecution— “two forensic copies (copy A and copy B) of all of the emails on which the measure relates ”.
That resolution established that the prosecution would keep the entirety of copy A “as communications withheld (…) as a ‘witness copy’, under chain of custody and without being able to access it”. Copy B would remain in the hands of the Minsal and Paris was ordered to, within three days, single out “electronic communications that correspond to the exceptions provided for” by the Supreme Court. That is, those that could affect national security referring to the purchase of strategic medical supplies or the provision of military or police personnel.
Thus, with the single Paris list, the prosecution would proceed to extract those emails from copy A. In this way, Judge Álvarez ruled, the Public Ministry was only authorized to access the copy with the emails purified by Minister Paris. The rest would be out of reach and he would not be able to access them.
In this way, the Supreme Court’s ruling was complied with when it allowed the seizure of the prosecutor’s office, but only with respect to those emails “related only to the verification of the criminal acts reported.”
However, in Paris’s opinion, the decision of Judge Álvarez “has been issued in open contravention”With the judgment of the Second Chamber of the highest court. In his letter, the head of Health states that it is the duty of the prosecution “to identify what are the criminal acts reported, for example by search terms or descriptors, and thus comply with the requirement imposed by SSE, to make it possible to link such made with the emails it intends to seize ”.
This is in line with what Paris said on Thursday, when he indicated that he was waiting for “the mailing list related to the case” to proceed to deliver what was requested.
Paris also criticizes Judge Álvarez for not asking their opinion on the matter: “Without granting transfer, and unilaterally accepting in all its parts, a request from the Public Ministry, it completely dispensed with the first of the aforementioned restrictions, ignoring the obligation to link the emails that it is intended to seize, to the verification of the specific facts denounced ”.
The brief also adds that “the aforementioned resolution of the 7th JGS., Does not correspond to what was resolved by SSE, by once again authorizing full access to the originally required emails, without requiring the Public Ministry to determine and specify which of those emails are linked only to the verification of the criminal acts denounced, a limitation that the Supreme Court expressly established in its resolution of October 15 ”.
For those reasons, Paris requests that the Supreme Court order an order not to innovate to suspend “the authorization granted by the Seventh Guarantee Court of Santiago on October 16, 2020, to carry out the entry, registration and seizure of all the emails already referred ”.
On Saturday, when Paris was consulted about Judge Álvarez’s decision that accepted the prosecution’s request, the minister did not indicate his annoyance with said formula. “We will review the emails practically one by one, as Minister Gloria Chevesich did when she investigated the Mop-Gate, and those related to the situation determined by the prosecution will be delivered ”, Paris replied.
