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After last September 8 the prosecutor Marcelo Carrasco and the PDI When they arrived at the Ministry of Health (Minsal) to seize emails from authorities for handling the pandemic and the agency denied the information, the Public Ministry returned to the charge. It did so after the resolution of the Supreme Court of October 15, 2020, which in a divided ruling (3-2) decided that the body could partially access e-mails, leaving out those that affected public safety.
The prosecution specifically requested communications from the former Minister of Health Jaime Mañalich, his former chief of staff, Itziar Linazasoro, and the Undersecretary of Health, Paula Daza, in the framework of a criminal investigation for alleged reckless dissemination of pathogenic germs in the pandemic. The case began after the senator Alexander navarro and the Chilean Commission for Human Rights will sue Mañalich and President Sebastián Piñera, among other authorities. Later, the mayor of Recoleta, Daniel Jadue, also sued.
Thus, last November 20 Carrasco sent two particular instructions: one to Head of the Central Criminalist Laboratory and another to Cybercrime Commissioner, Danic Maldonado.
“In accordance with the provisions of articles 19, 79 and 180 and others of the Criminal Procedure Code (…) I request that you arbitrate the practice of the following procedures: To attend on Monday, November 23 at 10:00 a.m. at the property located in calle Amunátegui Nº 20, commune of Santiago in order to execute the judicial decision issued in this case by the Seventh Court of Guarantee of Santiago on September 8, ”the documents say.
According to sources in the case, yesterday the investigation began and today the PDI completed the diligence required by the prosecutor Carrasco, with which the information was withdrawn.
From Entel they pointed out that “today the execution of the court order ended emanated from the Seventh Guarantee Court of Santiago and the respective resolutions of the Hon. Supreme Court, for the seizure of institutional emails of a specific group of users, for the period between the February 1, 2020 until the date the procedure was carried out, hosted on Entel servers that provide services to the Ministry of Health ”.
They added that “by virtue of the foregoing, after a meticulous and exhaustive technical recovery process that lasted for about 15 days, as of today Entel has delivered to the Central North High Complexity Prosecutor’s Office and to the Ministry of Health, the technological supports that the emails contain ”.
Now, as determined by the Seventh Guarantee Court of Santiago, the Public Ministry must keep copy A “as communications withheld (…) as a ‘witness copy’, under chain of custody and without being able to access it” . And copy B will be delivered to the Minister of Health Enrique Paris. Once the latter receives the emails, they have three days to make the selection and deliver it to the prosecution.
