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The Court of Appeals of Santiago accepted the protection appeal presented by a first corporal of the Army who had been separated from the institution after test positive for drugs, specifically for marijuana use.
In unanimous ruling, the Eleventh Chamber of the Appeal Court established that the administrative procedure that sanctioned the appellant lacked impartiality by not allowing him to make the discharges by detected consumption.
Specific, Sebastian Orlando Ortega Auriol He was dismissed from the Army in May of this year, after giving a positive drug test where the presence of THC was detected in his blood.
Anxiety after outburst
However, the official used marijuana at the suggestion of two doctors that he consulted after presenting with anxiety pictures. All after the social outbreak that began in October 2019.
It turns out that the official, veterinary nurse by professionUntil October 18, 2019, she had been taking care of the institution’s stables for 11 years.
After the Constitutional Exception was decreed, Corporal Ortega Auriol He was forced to take to the streets to participate in the control of public order and protection of critical infrastructure, which generated a picture of anxiety.
“In the exercise of these tasks, the appellant was exposed to different situations that neither his critical thinking nor his personal convictions, nor his continuous training as a military man had prepared him“, Points out the ruling.
In this context, and due to the delay in the attention by professionals of the Army itself, it is that consulted two different doctors, specialists in cannabis medicine, who prescribed controlled consumption of the substance.
Based on these arguments, the capital court decided to accept the protection appeal in favor of corporal first and against the director of the Military School, Colonel Francisco Arellano Soffia, ordering the immediate reinstatement of the sanctioned official.
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