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During the course of this Tuesday the Minister of Defense, Mario Desbordes, together with the Commander in Chief of the Navy, Julio Leiva, filed a complaint with the National Auditor, Jorge Abbott. The reason? That the expressions made by the communist deputy, Hugo Gutierrez, against the naval institution.
It all started last October 20 when the parliamentarian for Iquique in a web program transmitted by Facebook Live labeled the Navy as “Illicit terrorist association”, “antipatriots” and a “group of genocidaires”. This after the arrest of a corporal from the said branch of Defense on October 18 after being involved in public disorder.
The words of the parliamentarian generated the annoyance of Desbordes. First it was a statement from the Ministry of Defense where Gutiérrez’s statements were rejected and later, in a radio interview, the Secretary of State assured that in the legislator’s statements “there is a level of insults that cannot happen just like that, there is a obvious crime ”.
Also the same Commander-in-Chief of the Navy, Julio Leiva, came out to respond to Gutiérrez and opened the door to file legal actions.
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All of this materialized today with the submission of the letter to the Public Prosecutor’s Office where a criminal investigation is requested. In the opinion of Defense and the Navy, Gutiérrez’s statements could constitute, in the first instance, the alleged crime of “offenses or injuries”.
“The expressions of H. Deputy Hugo Gutiérrez fully configure the type described in article 284 of the Code of Military Justice and that in his capacity as a parliamentarian elected by popular vote does not excuse him from responding with respect to his sayings since as indicated in the First paragraph of Article 61 of the Political Constitution of the Republic: “Deputies and senators are only inviolable for the opinions they express and the votes they cast in the performance of their duties, in chamber or commission sessions. (… ) ”, Says the complaint to which he had access Third.
It is added that “both jurisprudence and doctrine agree that reprehensible conduct in this type of event consists simply of offending in words or in writing.” In article 284 of the Code of Military Justice the expression “whoever offends or insults verbally or in writing” is used. Therefore, the offense is enough, without the need for intentionality ”.
But, also, it is pointed out that the Facebook Live broadcast starring Gutiérrez was designed to “promote hostility” towards the Navy and its members. This is due to the qualifications of “unpatriotic”, “terrorist illicit association”, among others.
“Freedom of opinion is a right of the people, however, it is not absolute. It is precisely for this reason that our legislator, as is the case in all the legislative models compared, regulates the exercise in order to maintain and safeguard the civilized canons of respect and coexistence that every democratic society governed by the rule of law requires ”, the letter states .
“Well, in the facts that are denounced it is possible to appreciate that the expressions uttered by the deputy Gutiérrez constitute offenses aimed at generating hatred and hostility towards the Chilean Navy and its members, there is no other reason that justifies the statements of the accused”, close the text.
