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The North Central prosecutor, Xavier Armendariz, asked the Supreme Court to reject the request made by the Minister of Health, Enrique Paris, on the emails from his portfolio in the framework of the investigation into deaths from covid-19.
Let us remember that the highest court allowed the North Central Prosecutor’s Office Access the emails related to the investigation, with the exception of those that have to do with national security and the purchase of medical supplies.
Given this, the Seventh Guarantee Court drew up the delivery procedure, with two copies of emails: a copy A withheld, with all emails under chain of custody and without access; and a copy B where Minister Paris must distinguish which communications the Prosecutor’s Office can access.
For this reason, Paris requested to annul said procedure since, in his opinion, the Supreme Court established the delivery of the emails about the criminal acts that are reported and not from all emails.
“Obviously, 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 ”, it was indicated in his appeal.
Along with this, he pointed out that it is the duty of the Prosecutor’s Office “to identify which are the criminal acts reported, for example, through search terms or descriptors, and thus comply with the requirement imposed by SSE, to make it possible to link such acts with the e-mails that it intends to seize.
Answer from Armendariz
The reply from the prosecutor Armendariz came quickly. By means of a letter addressed to the Supreme, he requested dismiss the petition from Paris.
In the judgment of the prosecutor, the Ministry of Health has not questioned the established procedure, but the scope of what should be seized.
“The only reference in the Minsal’s presentation is in order to search for descriptors within the seized emails to detect which ones should be excluded. This suggestion, in addition to being impossible to comply with (what would be such descriptors?), Is simply useless, since it is evident that it is the owner of the post office, the Ministry of Health, who must propose which ones should be excluded and is contemplated in the contested resolution a mechanism to settle any disputes that may arise from it, “he said.
He also added that there must be some procedure for mail delivery, which is exactly what the Seventh Guarantee Court did.
“At the core, (the procedure) has not been controversial and it has a mechanism to resolve what seems to be the Minsal’s concern, that is, the determination of the emails to exclude”, He added.
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