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The Supreme Court declared inadmissible the request of the Ministry of Health that seeks to annul the way in which the Seventh Guarantee Court of Santiago complied with the resolution of the controversy with the Public Ministry for the delivery of emails in the context of the investigation into Covid-19 deaths.
In the resolution, the Second Chamber of the highest court – made up of ministers Carlos Künsemüller, Jorge Dahm, Leopoldo Llanos, and lawyers (i) Antonio Barra and Diego Munita – considered the ministerial request inadmissible, arguing that the issue had been resolved and rejected the order not to innovate that the ministry had requested.
The controversy is framed in the struggle between the Public Ministry and the Ministry of Health for the delivery of background information for the investigation into the deaths of Covid-19 against former Minister of Health Jaime Mañalich, President Sebastián Piñera and the undersecretaries of Health Public and Healthcare Networks, Paula Daza and Arturo Zúñiga, respectively, initiated from the complaints of the mayor of Recoleta, Daniel Jadue and Senator Alejandro Navarro.
In this context, Minister Enrique Paris refused to hand over such information, which points to access to the emails of former Minister Jaime Mañalich; the former chief of staff, Itziar Linazasoro; and the Undersecretary of Health, Paula Daza.
In fact, earlier this month, he sent a 35-page brief to the Supreme Court explaining his arguments for not delivering the emails requested by the North Central Prosecutor’s Office.
In his response, the minister says that the request of the Public Ministry “is indiscriminate, imprecise and of an excessive scope” and also “has hindered the performance of the ministry that I lead.”
The Secretary of State also pointed out to the Public Ministry, assuring that “it has directly hindered the performance of the ministry that I direct”, since, in his opinion, it should be taken into account that Minsal officials are “working full time in the containment of the pandemic even dedicating part of the day of our officials to extensive statements “.
According to his thesis, Paris accuses that the Public Ministry wants to access all emails, creating a “mirror” between copies A and B of the formula proposed by the Prosecutor’s Office. According to the minister, the universe of accepted emails is close to 30,000 messages, which is why he considers it inappropriate for “personnel from the ministry that I direct, and with good reason busy, manually review all emails” in three days.
But with this resolution, the highest court rejected Paris’s arguments and put an end to the dispute between the Public Ministry and the Minsal, giving the green light to the process of seizing emails.
“As requested in the main of the brief folio N ° 170321-2020: Having ruled this Court on the controversy provided for in article 209 of the Code of Criminal Procedure, there is no place as inadmissible. To the order not to innovate requested in the first other. , be to the credit of what was resolved, “says the ruling.
In this way, the formula confirmed by the Supreme Court is that the Public Ministry would keep a copy of all the emails “as communications withheld (…) as a ‘witness copy’, under chain of custody and without being able to access she”.
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