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The Supreme Court decided in a divided judgment to partially accept the request of the North Central Prosecutor’s Office To access emails of the Ministry of Health in the context of the investigation into the deaths of COVID-19.
In this way, the persecuting entity will be able to access only the emails “linked only to verification of the criminal acts reported“, With the exception of those that speak of two topics:
– Those related to acquisition of implements and essential and strategic supplies to face the pandemic, a matter that has, according to the indications, international health and commercial significance.
– Destination of troops and military and police resources to strategic and logistical tasks related to COVID-19, whose detailed information is relevant for national defense, as a result of the current state of exception.
Why partial and not all of the emails? In the judgment of the court, “it doesn’t seem indispensable, for the purposes of their investigation – nor for the verification work that the Public Ministry seeks to carry out – a seizure of the total universe – without any exception – of the emails that may be found in the public buildings in question ”.
Thus, the highest court in the country settled the controversy between the persecuting entity led by Xavier Armendariz and the ministerial portfolio led by Enrique Paris.
The Government had launched a judicial offensive to stop the delivery of the emails in the framework of the investigation that arose after legal actions presented by the mayor of Recoleta, Daniel Jadue (PC), and Senator Alejandro Navarro (Progressive Country), among others.
Gabriel Zaliasnik, lawyer for the former minister Jaime Mañalich who is one of the defendants in the case, showed his satisfaction with the decision of the highest court.
“It is a good mask for those who said that here they were trying to hide information, “he said.
For his part, Senator Navarro regretted the decision since, for example, it will not be possible to know how much the mechanical fans cost purchased by the State to face the pandemic. For him, that item is not national security.
“The thug action Zaliasnik and (Samuel) Donoso had an effect, ”he added.
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