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Deputy Leonardo Soto (PS) assured that former senator Pablo Longueira is disqualified from defraying the proceeds of an accusation by the Prosecutor’s Office for alleged crimes that deserve afflictive punishment, which, consequently, would translate into Longueira could not be a member of a party either; run for parliamentary office; or go as a constituent if you win approval. Therefore, Soto filed an ex officio petition with the State Defense Council (CDE).
In the text it is requested that information be provided “on the steps, progress and status of the judicial aspect of the so-called SQM case, related to irregular financing of the policy, in particular in the lawsuit that is being followed against Pablo Longueira Montes.”
Meanwhile, the deputy Leonardo Soto assured that “Pablo Longueira is disqualified from political life for having his right to vote suspended by being accused by the Public Ministry for crimes that deserve afflictive punishment, consequently, he cannot be a candidate for a position of popular election, he cannot be a member of a political party and cannot even vote in the plebiscite of October 25 ”, also asking the CDE to take all the corresponding actions to make this inability effective within the framework of the bribery case.
He added that Longueira “is knowingly enjoying an error on the part of our system. The Court reviewing this corruption trial should have informed the Servel that this subject is accused of these crimes that deserve afflictive punishment. If the Court had done so, it would obviously be on the list of disabled people ”.
“Longueira carries a heavy backpack full of garbage that was filled over many years where he participated in this way of financing politics, through black briefcases and that is why today he is in justice,” said Soto.
And it is that as detailed by the legislator, ahead of the oral trial set for October 5, “Longueira is being accused by the Public Ministry, the CDE and private plaintiffs for having committed serious crimes, including repeated crimes of bribery, a very serious crime particularly when it comes to its commission by people who represented the people “.
“This crime is associated with a penalty that is an afflictive penalty, he is accused and thus formalized for a crime that is worth 5 years and one day of disqualification from public office, that crime penalty is assimilated to an afflictive penalty and – therefore therefore— according to the Constitution there is an effect that is established in Article 16 number 2 of the Constitution, which is to suspend the right to vote of the citizen affected by this accusation, ”Soto explained.
“We are going to ask the CDE —which represents the interests of all Chileans and that works for unrestricted compliance with the law and that is also a plaintiff in the trial— to ask the court to send the respective report to the Electoral Service to exclude from political activity someone unworthy of staying in it, such as Pablo Longueira “, reproached the parliamentarian asking “to put a wall that completely excludes those who destroyed a large part of the people’s trust in political institutions and who today want to return and dirty the constituent process, we cannot afford it.”
He also added that “in a democracy, a person who commits serious crimes, who defrauds the public faith, who incurs acts of political corruption, who betrays the oath that he takes as a senator before all Chileans, receiving money from companies and promulgating or obtaining laws a la carte for them, obviously cannot be integrated into democracy, it must be excluded.
All of the above, adds the official letter sent by the parliamentarian, is reinforced by the opinion N ° 8013/2016 of the Office of the Comptroller General of the Republic, which indicates that “the sole formulation of the accusation for a crime that deserves an afflictive penalty is sufficient for generates the suspension of the right to vote and, consequently, by the sole ministry of the law, the temporary incapacity for the performance of the positions of mayor and councilor ”.
The document indicates that “other suspensions of rights are also generated that are associated with the maintenance of the citizen’s right to vote. For example, the citizen is prevented from the possibility of being elected deputy – which requires being a citizen with the right to vote – and also from being elected conventional constituent that is regulated by the same rules. Finally, in accordance with article 18 of Law No. 18,603, constitutional organization of political parties, he is also suspended from the right to be a member of a political party, a rule that requires that to join a party it is necessary to be a citizen with the right to vote “.
For his part, lawyer Mauricio Daza, plaintiff in the SQM case, pointed out that “Longueira cannot vote in a plebiscite, nor be a candidate for the presidency of the UDI, or elected for a constitutional convention. One of the main penalties assigned to crimes for which he is accused is afflictive. He does not have the right to vote ”.
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