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The Seventh Guarantee Court of Santiago rejected the 42-day extension requested by the Minister of Health, Enrique Paris, to deliver the emails of the Minsal, which in a resolution of October 16 gave it three days to comply with said order, this within the framework of the investigation into the handling of data from the covid-19 figures during the pandemic, after the decision of the Supreme Court that forced the aforementioned portfolio to hand over the information.
According to the resolution, the court points out that it is not necessary to review the 49 thousand emails that the portfolio holder argues that must be reviewed to comply with the court order, but only those that have to do with COVID-19 matters , without affecting national security.
“The procedure proposed by the Minister of Health for the purpose of identifying, reviewing and analyzing the information contained in
e-mails, prior to their delivery to the public prosecutor, result, on the one hand, incompatible with the purpose of the diligence authorized by this court, considering the period elapsed since the date of such authorization, still subtracting the fulfillment of the other phases detailed in the resolution of October 16 to make the measure effective, therefore, if the extension is granted in the requested terms, the information will not it would be in the power of the public prosecutor for investigative purposes within a reasonable period of time, unjustifiably affecting the investigation, “says the court’s resolution.
It adds that “meanwhile, the entry and registration and seizure of communications procedures were decreed by the court, without the knowledge of the affected party, which means that they are carried out expeditiously, taking into account the nature of the procedure; And on the other hand, It is contradictory with the foundations used by the health authority in order to justify its opposition to the delivery of the information required by the public prosecutor in the terms indicated above ”.
“For these considerations, and also having regard to the provisions of article 362 of the Criminal Procedure Code, it is resolved to reject the request by Mr. Minister Oscar Enrique Paris Mancilla presented on October 30, 2020 ″, he details.
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