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Before the new onslaught of the Minister of Health, Enrique Paris, in the Supreme Court, the regional prosecutor Xavier Armendariz it did not take long to answer him. The head of the Ministry of Health (Minsal) had requested this morning that the highest court suspend the resolution of the 7th Guarantee Court that gave the green light to the formula of the prosecution to seize the emails of the Minsal and comply with the Supreme Court ruling.
Paris accused in his letter that the judge’s decision Patrick Alvarez “has been issued in open contravention”With the judgment of the Second Chamber of the highest court. In the document, the head of Health stated that it is the duty of the prosecution “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 possible the connection of such made with the emails it intends to seize ”.
Armendariz reacted immediately. In a two-page letter he refutes the position of the Minister of Health and asks that his request be rejected. In the text, the prosecutor assures that what the Minsal did was “discuss the scope of what should, in short, be seized to be incorporated into the investigative folder”, but that “however the procedure itself has not been questioned by the 7th Guarantee Court ”.
Then, the Central North regional prosecutor says that “the only reference in the Minsal’s presentation is in order to do a search for descriptors within the seized emails to detect which ones should be excluded.”
It was there that Armendariz launched a criticism of the Paris presentation: “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 should be excluded and is contemplated in contested resolution a mechanism to settle eventual disputes that may arise from it”.
Finally, Armendariz comments that in order to comply with the Supreme Court ruling “some procedure must exist”. Along these lines, he adds that this was what Judge Álvarez ordered and that “in the core it has not been controversial”, since “it has a mechanism to resolve what appears to be the concern of the Ministry of Health, that is, the determination of the post office to be excluded ”.
