Chamber approves origin of constitutional accusation against Silvana Donoso: judge was suspended | National



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During the day of this Thursday the Chamber of Deputies and Deputies approved the origin of the constitutional accusation against the Minister of the Court of Appeals of Valparaíso, Silvana Donoso, so now the accusation will begin its processing.

Previously, the review commission of the accusation had rejected the file, while the Chamber of the Chamber rejected this Thursday the previous question, so it continued its processing in the instance until it was voted by the deputies.

In the opportunity, the validity of the constitutional accusation was approved with 73 votes in favor, 52 against and 14 abstentions.

Now the accusation will go to the Senate, where the merits of the libel will be debated. The accusation will be upheld in the Upper House by a commission made up of deputies Andrés Longton (RN), Gonzalo Fuenzalida (RN) and Daniel Verdessi (DC).

In addition, the Chamber must communicate this fact to the Senate and to the affected party, within twenty-four hours following the conclusion of the session. The accused, meanwhile, will be suspended from her duties in accordance with the provisions of the Political Constitution (art. 52), which will be communicated to the corresponding authority.

The suspension shall cease if the Senate dismisses the accusation or if it does not pronounce itself within the following thirty days.

It should be remembered that the accusatory libel It was made up of two chapters: the notable abandonment of duties that the magistrate would have incurred, for having applied a distorted criterion of the law and not having been impartial in its application; and the transgression of international treaties related to the violation of the rights of children and adolescents.

The day began this morning with the intervention of the defense, in charge of the lawyer Dafne Guerra, who requested the so-called “preliminary question”, which appeals that the constitutional requirements were not met and, therefore, it is declared as not presented the libel.

Then, the five participants of the commission that judged the admissibility of the accusation presented their presentation, to then proceed to the vote on the previous question, which was rejected.

The discussion in the room

The session, after the rejection of the previous question, entered the debate on the merits of the accusations, for which the deputy Andrés Longton (RN), promoter of libel, intervened, who pointed out that the decision that the deputies took has the greater relevance for the lives of Chileans, due to the inexcusable negligence of the judge who has the obligation to do justice.

The parliamentarian started criticizing that in the conditional release commission chaired by Minister Donoso, in 2016, They only dedicated a week to more than 850 cases, that is, two to three minutes for each request. Then, he claimed that the defense and judges who participated in the commission and exposed in the instance that analyzed the accusation “blatantly lied.”

The foregoing, because they indicated that they had learned from the press of the scope of the psychosocial report of the Gendarmería that warned of the danger of releasing Hugo Bustamante, while the rapporteurs who participated in the commission would have assured that they were only asked to report the time of conviction and conduct in the past six months.

“It is not enough to say that I am not obliged, that is laziness, laziness and negligence that has no forgiveness”, referring to the defense arguments that indicated that the requirements that were considered were those established in Decree 321.

The parliamentarian recounted parts of Hugo Bustamante’s unfavorable psychosocial report and pointed out that what happened to him was the same as what happened to a large percentage of those who were released in 2016 by the commission, where the number of freedoms increased by 90%. conditional granted with respect to previous years.

Furthermore, in his speech, the deputy exposed other cases, under other instances, where the minister has expressed minority votes in favor of granting conditional liberty or accepting amparos without considering reports that indicate the danger of the accused.

He stated that the reports, without the need to be binding, have to be analyzed, since they are all signed by the heads of the establishment, however, He stressed that the commission gave the express order to the rapporteurs to dispense with the content of this. “The negligence with which he operated is revealing,” he added.

The parliamentarian questioned the deputies present in the session: “Do you think that Minister Donoso thought about the consequences for the public to make this decision in just two minutes? That indolence should terrify us all ”. He added that “there is no more notable abandonment than releasing a murderer in a light way, causing suffering and irreparable damage.”

“If you reject this accusation today, the next decision will also be your responsibility. And when the next tragedy happens, it will be you who will be judged not only for his conscience, but for that of all Chileans ”, he remarked, making a direct call to approve the constitutional accusation against Minister Donoso.



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