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This afternoon, opposition parliamentarians entered a bill that seeks to grant a general pardon for humanitarian reasons to people who have been detained in the midst of the demonstrations carried out in the context of the social outbreak.
The initiative had the signatures of Senators Isabel Allende, Yasna Provoste and Adriana Muñoz, and Senators Juan Ignacio Latorre and Alejandro Navarro.
The document indicates that although the acts for which a large number of people have been detained are punishable from a criminal perspective, these crimes “have undergone a process distorted by a disproportionate state response followed by massive arrests and the opening of multiple criminal proceedings, abuses and violations of the procedural guarantees of the accused, which has meant the preventive deprivation of liberty in unjustified terms that would not take place in normal circumstances ”.
Within the framework of this, it is added, is that national and international institutions have reported abuses and violations of human rights by the Forces of Order and Security.
So, what is sought is “the extinction of criminal responsibility and remission of the penalty” of those who have been detained as of October 7. People charged or convicted of events that occurred in protests, demonstrations or social mobilizations, or on the occasion of them, will benefit from this. “To prove the above circumstance, the circumstantial evidence or any other evidentiary fact will suffice.”
Further, the benefit would fall to those who find themselves with some custodial or restrictive measure of liberty.
After entering the text, the Senator Adriana Muñoz stated that “we seek that with this law it is possible to benefit the people indicated in the project in order to exempt those who are identified from criminal responsibility. We believe that it is not acceptable that more than a year ago, in our country (people) still do not have the right to due process. It is not known what situation they are in or the charges that may be made. There is a total anonymity and concealment of the reality of these people, mostly young people, who all they have done is go out to protest ”.
“It is not possible that in a democracy we are experiencing this type of situation,” he added.
His pair of Democratic Revolution, Juan Ignacio Latorre, indicated, meanwhile, that “in the current Constitution there is the power for senators to present a bill of pardon.”
The senator also explained that “there are criteria and limits also due to political and legislative responsibility, a date was defined (…) It is a general pardon but with particular cases. Terrorist crimes are excluded, which also requires a quorum of 2/3. This bill basically implies crimes of public disorder, which are the vast majority, crimes against property that have been used and note that we know that here there is an irregular process, many cases of assembly and false evidence.
The project will begin to be processed in the Human Rights Commission of the Upper House.
