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A new chapter added the already long dispute between the Prosecutor’s Office and the Ministry of Health over the seizure of the emails of former Minister Jaime Mañalich, his former chief of staff, Itziar Linazasoro, and the Undersecretary of Public Health, Paula Daza, for their alleged responsibility in the management of the COVID-19 pandemic, a conflict that even escalated to the Supreme Court, which partially agreed to the request of the Public Ministry, granting limited access to emails that do not endanger national security.
Despite this resolution of the highest court of the country, this seizure has not yet been finalized, because the majority vote of the Supreme Court was only limited to giving partial access to electronic communications, but it did not take charge of the formula for exclude messages that have to do with the purchase of strategic medical supplies or the provision of military or police resources.
Due to this legal vacuum, the same Prosecutor’s Office proposed to the 7th Guarantee Court of Santiago a formula for this, which was authorized last Friday. This formula spoke of two forensic copies that will be seized after what was decreed by the Supreme Court. Copy A will remain for the Prosecutor’s Office, and Copy B in the hands of the Ministry, who will have a period of 3 days to clean up the list. Later, the Prosecutor’s Office would remove the emails marked by the Minsal and would keep the final copy. However, the Minister of Health, Enrique Paris, did not like this solution, so he raised an order not to innovate to the Supreme Court. For his part, the regional prosecutor Xavier Armendariz responded, describing his solution as “useless.”
That was yesterday, because during this Tuesday, according to the newspaper Third, Paris again entered a letter to the Supreme Court, in which he rejects Armendariz’s arguments.
“This minister is surprised by what was raised by the regional prosecutor in point 3 of his writing, in order to the impossibility of determining the information necessary to support his punitive claim, without being able to determine which elements are related only to the verification of the criminal acts reported. Especially if we are in the presence of the body that has control over the investigation and that should have special clarity about what is being investigated. Otherwise, the Public Ministry agrees with this Minister that it is difficult to sustain the significance and justification of the diligence requested, if the prosecuting entity is not currently in knowledge of what is being investigated, nor can it identify recipients, senders, descriptors, keywords, or any other objective criterion that allows complying with the aforementioned link between the events reported and the emails that it is intended to seize, “the letter states.
Later, Paris accuses that the Public Ministry wants to access all emails, generating 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 that “staff from the ministry that I direct, and with good reason busy, manually review all emails” in three days.
Because of this, Paris insists that the review should be based on a keyword search, according to “the facts that it is investigating,” which, according to Paris, should be in charge of the Investigative Police (PDI). “It cannot be the responsibility of the Ministry to propose those concepts that should be excluded, if the burden of investigating the facts, in accordance with the constitutional mandate contained in Article 83 of the Political Constitution of the Republic, falls precisely on the Public Ministry,” he added. .
Paris closes his new letter reaffirming that the person in charge of pointing out the emails is the duty of the Public Ministry and not the Ministry of Health.
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