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The 42-day extension requested by the Minister of Health, Enrique Paris to deliver the Minsal emails was rejected this Friday by the Seventh Guarantee Court of Santiago, a term that it sought to extend after the three days that it decreed on October 16.
According to the resolution signed by Judge Patricio Álvarez, the court points out that it is not necessary to review the 49 thousand emails that Paris argues, but only those that have to do with COVID-19 matters, without affecting the National security.
“The procedure proposed by the Minister of Health for the purpose of identifying, reviewing and analyzing the information contained in the emails, prior to delivering them to the Public Ministry, is, on the one hand, incompatible with the purpose of the diligence authorized by this court, considering the period elapsed from the date of such authorization, still subtracting compliance with the other phases detailed in the resolution of October 16 to make the measure effective, therefore, if the extension were granted in the terms requested, the information would not be in the possession of the public prosecutor for investigative purposes within a reasonable period of time, unjustifiably affecting the investigation, ”says the court’s resolution.
“Meanwhile, the entry and registration procedures and seizure of communications 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 diligence; and secondly part, it is contradictory with the grounds put forward 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, “they add.
“Due to these considerations, and also considering the provisions of article 362 of the Criminal Procedure Code, it is resolved to reject the request of the Minister Mr. Oscar Enrique Paris Mancilla presented on October 30, 2020”, it concludes.
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