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The Seventh Guarantee Court of Santiago rejected the request of the Minister of Health, Enrique Paris, to extend the delivery of the emails for 42 business days requested by the North Central Metropolitan Prosecutor’s Office, within the framework of the investigation carried out by the Public Ministry for the management of the pandemic as a result of various complaints.
On Monday the head of the Minsal had entered the request to extend the term that the court had set in three days, arguing that the review of the large number of existing emails, which amount to 49,000 hosted on Entel servers, it requires the exclusive work of at least a dozen people for a minimum period of almost a month.
This, in order to comply with the formula proposed by the Prosecutor’s Office, must first identify those that do not correspond to the subject of the investigation: in this way, the portfolio must have two copies of emails, one as protected evidence and another with the selection that will be sent to the persecuting organizations.
All framed in what was resolved last month by the Supreme Court, as far as the issue arose after Paris initially refused to provide the emails, accusing national security risks due to the content of some of them.
The highest court determined on October 15 the Partial delivery of emails to the Prosecutor’s Office, but with exceptions regarding those related “to the acquisition of essential and strategic implements and supplies to face the pandemic”, together with the “allocation of military and police troops and resources to strategic and logistical tasks related to Covid-19 “.
7th Court of Guarantee rejected the request of Minister Enrique Paris to postpone the delivery of the emails for 42 business days. “The procedure proposed by the minister is incompatible with the purpose of the diligence authorized by this court.” @Cooperative pic.twitter.com/3YjTOYTC5S
– K (@KassWidemann) November 6, 2020
Faced with this, the aforementioned Court of Guarantee did not accept the request of the Minister of Health, reasoning that “the proposed procedure For the purposes of identifying, reviewing and analyzing the information contained in the emails prior to delivery to the Public Ministry, it is, on the one hand, incompatible with the purpose of the diligence“.
“Considering the time elapsed since the date of such authorization”, made by the Court on September 8 for the entry and registration of the Minsal facilities, “if the extension is granted in the terms requested, the information would not be in the possession of the Public Ministry for investigative purposes within a reasonable time, unjustifiably affecting the investigation“, explained Judge Patricio Álvarez.
He also noted that those emails that the Minsal will not have to deliver for representing a risk to national security, as argued by the health minister, they must have been “limited to certain providers and handled by a restricted number of senders and recipients”, which, in the judgment of the magistrate, “will undoubtedly facilitate the task of identifying them.”
The North Central Metropolitan Prosecutor, Xavier Armendáriz, seeks to have access to the emails of the former Minister of Health, Jaime Mañalich and the Undersecretary of Public Health, Paula Daza, in addition to the former Minsal chief of staff, Itziar Linazasoro.
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