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The six generals of the High Command of the Carabineros and one of the retired generals of the uniformed police –Jorge Valenzuela, National Director of Support to Police Operations; Mauricio Rodriguez, head of the Metropolitan Area; Enrique Bassaletti, head of the Santiago Este Zone; Enrique Monras, head of the Santiago Oeste Zone; Hugo Zenteno, Head of the Valparaíso Zone; Jean Camus, logistics director; Y Jorge Avila, former chief of the Carabineros Special Forces – chose to bring the Comptroller’s Office to the Santiago Court of Appeals.
They did so through seven protection appeals in which they alleged, among other things, that the comptroller Jorge Bermudez, the prosecutor of the controlling entity, Doris Roa and the investigating prosecutor of the summary, Carlos Soto they initiated an illegal administrative process that violates several constitutional rights.
The appeals were presented, mostly by the lawyer Jorge Martinez. “The natural and competent judge is NOT the Office of the Comptroller General of the Republic, said institution does not have power, faculty or legal attribution, according to the rules, cited and our Magna Carta”, raises one of the protection actions before the appeal court capital.
However, the First Chamber of the Court of Santiago – made up of the ministers Elsa Barrientos, Inelie Duran and the lawyer Jorge Norambuena– declared the seven appeals inadmissible. “That the facts described in the presentation of folio 1, exceed the margins of the appeal for protection, taking into consideration, as indicated by the appellant himself, there is still an administrative procedure pending and the contested act is not terminal, but is an act of procedure or intermediate that is part of a complex procedure, such as the administrative summary ”, signals the resolution of the room.
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Faced with this rejection by the court, Martínez filed an appeal for reconsideration and an appeal before the Supreme Court. In some of the seven appeals, the replacement has already been rejected, which is why the antecedents were raised so that the Third Chamber of the highest court has the last word regarding the processing of these protection actions.
In this regard, Martínez assures Third that “we respect the criteria of the Court, but in this case We believe that the protection resources are appropriate and that the generals such as individuals and superior officers of the Carabineros have the right to judicial protection, that is, they can request the protection of the courts when their fundamental rights are affected, such as equality before the law, the right to the natural judge and his incorporational right on the position as a public official”.
The lawyer, who leads the defense of the generals together with the lawyer Camila motta, indicates that “we have the conviction that this constitutional protection assists them, so we await a favorable ruling from the Third Chamber of the Most Excellent Court regarding the right they have to resort to judicial protection against an arbitrary and illegal action of the Comptroller General of the Republic ”.
Martínez adds that “There must be protection because, eventually, by the mere fact of the formulation of charges, their constitutional rights are being violated. To deny judicial protection would be to subject the generals to a special commission, breaking the institutional balance of the rule of law”.
