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This Thursday, 13 opposition deputies filed the announced constitutional accusation against the Minister of the Interior, Víctor Pérez, for, supposedly, having stopped executing the laws on matters related to public order; for having violated the Constitution and the laws, violating equality before the law; and for having stopped executing the laws, by not exercising the corresponding hierarchical control over the organs of their dependence.
On the first point, the title of the first chapter of the libel, reference is made to the inaction of the Secretary of State in the face of the truckers’ strike. “The same Minister who, being a parliamentarian, defended the need to approve and apply the anti-barricade law, with fiery speeches in the National Congress. The same that installed in La Moneda, chose not to apply it against the truckers and that also assured that the truckers’ demonstration was peaceful, “it is indicated.
They added that there were “situations constituting crimes that were generated in the sight and patience of the police authority and that occurred in the midst of a pandemic, where there are health measures to comply with, with actions by the Chilean Police and regional mayors, under whose hierarchical command is the Minister of the Interior and Public Security, who were questioned and criticized for their passivity and inaction. “
This was ignored, in the opinion of the accusers, despite the fact that the Secretary of State is obliged to:
- Give correct exercise of their position, giving unity to the legal system, safeguarding collective organization and legal effectiveness, directing the governed in compliance with the legal system.
- To ensure the protection of the general interests of the nation.
- Guarantee the conditions that the legal system establishes to avoid affecting the organization of the State, which cannot be altered by individual wills.
- Condemn violence in any of its forms.
Discrimination in Pérez’s administration?
As part of the second chapter, the points included in the millionaire petition for an agreement signed with the trucks are addressed, in circumstances that the country faces a tough economic situation.
This, even when “equality before the law supposes a uniform application of this, not being able to establish arbitrary or unjust discrimination, the legal scope must be valued and interpreted without differences “.
“The Minister of the Interior and Public Security, in use of his powers and in order to promote the ends of the Democratic State, should have used the same tools available to the Government in all cases. Failure to do so entails discrimination on the part of Minister Pérez Varela, an arbitrary difference, an unequal “treatment of people lacking objective and reasonable justification,” they accused.
And they add: “Although the Minister of the Interior and Public Security may evaluate the application or not of this regulation, this does not empower him to do so discriminatory. Constitutional and legal powers, including discretionary powers, must be exercised within the framework of the obligations in this matter. of Human Rights “.
“Unnecessary and disproportionate violence”
The third chapter of the libel refers to the action of the Carabineros in the middle of the procedure where a 16-year-old young man ended up unconscious in the Mapocho’s bed.
“We must ask ourselves whether the Minister of the Interior ordered or instructed any additional action or measure to effectively prevent the physical integrity of the protesters from being violated.”
Thus, it is indicated that “it is evident that this, and all similar situations, exceed the individual criminal responsibility of the Carabineros officials and in the context of the accusation of the organization they are suitable to bind superiority for not adopting the appropriate measures to prevent the occurrence of these serious events “.
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