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The legal action, presented by a private lawyer, refers to articles 8, 123 and 133 of the Penal Code, which point against “the conspiracy and proposal to commit a crime or a simple crime.” However, it also mentions the State Internal Security Law, despite the fact that it can only be invoked by the Ministry of the Interior.
The Magellan jurist, Mario Esquivel Lizondo, filed a criminal complaint on Tuesday under the State Security Law against the Children’s Ombudsman and the head of the agency, Patricia muñoz.
The above, after yesterday a video of the institution was broadcast with a song that alluded to the mass evasions and the social outbreak, within the framework of the “2020 Rights Campaign”, one of the local activities around the commemoration of the 30 years after the ratification in Chile of the Convention on the Rights of the Child (August 14, 1990, during the government of Patricio Aylwin).
In the judicial action before the Eighth Guarantee Court of Santiago, the lawyer refers to articles 8, 123 and 133 of the Penal Code, which point against “the conspiracy and proposition to commit a crime or a simple crime”. However, it also mentions the State Internal Security Law, despite the fact that it can only be invoked by the Ministry of the Interior; although he claims to be a victim of the action in his capacity as a citizen, considering that a public expense was made to generate the content, in which case – as a victim – he assures that he can invoke said law.
In that sense, in case the court decides to declare it inadmissible, it requested that the antecedents be sent to the Prosecutor’s Office as a complaint and to the Ministry of the Interior itself as a subject with the right to exercise said criminal actions.
However, this is not the only action against Muñoz after the publication of the video, because during the day the parliamentarians of Chile Vamos announced their offensive to try to remove her from office, for which they first need 1/3 of the signatures of the deputies to promote a presentation before the Supreme Court.
“(Muñoz) did not judge well the product that was delivered to him, because He must have discerned with his legal knowledge that this was calling all children to methods of action of violent struggle to obtain rights. That is extremely serious. Not only did I think so, but the Undersecretariat for Children issued statements, which goes in the same direction that I had interpreted. It is not something that has occurred to me in my head, “said Esquivel in conversation with BioBioChile.
In his opinion, the Ombudsman for Children “exceeded its powers. Nowhere in the Convention on the Rights of the Child does it appear to carry out acts of violence or to replicate acts of violence such as jumping the turnstiles to exercise their rights ”, he added.
The “criminal” phrases
Specifically, in its text, it accuses that the song “makes a direct allusion to the massive evasions in the Metro by schoolchildren, a milestone that marked the days immediately prior to the social outbreak of October 18, 2019″, in particular when it says ” All that false morality has already collapsed / the banners show the social demand / I feel that
You must empower yourself and fly, skip all the turnstiles. Thus the constituent process will have strength, meaning and reason with your voice ”.
Likewise, it warns that “the song refers to the supposed repression against the Mapuche people and calls in the Mapudungun language to ‘continue the struggle’, referring to the Mapuche conflict (…) without distinguishing whether the ‘struggle’ refers to the
violence from the CAM and other insurgent groups or to the recognition and respect of their culture ”.
Meanwhile, he also points to the phrases “it has already fallen”, “let’s walk alongside the Revolution”, “Creating our own rebellion”, since in his opinion “it fits within the context of ignoring the government authority, its legitimacy, which despite obtaining more than 3,800,000 votes on December 17, 2017, has de facto, via violence, put into question and consequently the representative democratic system, republican of Government and the very State of Law.
In this context, he requests that Muñoz be granted at least the sentence of imprisonment or minor estrangement, which ranges from 541 days to 3 years and one day.
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