The Court of Appeals suspended the execution of the expulsion of five Colombians who attacked carabineros during a operational in Puerto Montt. This while they maintain precautionary measures against him. This was resolved in a divided ruling, where an amparo appeal filed by the National Institute of Human Rights (INDH) in favor of foreigners was also rejected.
The Court of Appeals of Puerto Montt -in the region of The Lakes– rejected the amparo appeal presented by the National Institute of Human Rights (INDH) in favor of five Colombians who were notified of expulsion after attacking carabineros.
Notwithstanding the foregoing, the court decided to suspend the execution of the expulsion requested by the Undersecretary of the Interior and Public Security, while the precautionary measures remain in force dictated by the Guarantee Court of the city.
In a divided ruling, the First Chamber of the appeal court – made up of the ministers Jaime Vicente Meza Sáez, Ivonne Avendaño Gómez and the judicial prosecutor Mirta Zurita Gajardo – rejected the constitutional action of preventive amparo, by not warning of acting illegal or arbitrary in the appealed authority that threatens the freedom of those protected.
Among the arguments used to reject the appeal is that “ the resolutions invoked in this action are duly founded in accordance with the facts indicated in detail in the exposition of this ruling, thus configuring the normative budgets established in the indicated norms and with this, the application of the sanction of expulsion by the appealed authority.”
The resolution adds that: “The foregoing, since said power does not require the prior establishment of a criminal conviction, since that the law does not contemplate that as a requirement of origin, for the exercise of said power.”
For the court of appeals, therefore, There is no warning of “the existence of any illegal or arbitrary action in the issuance of expulsion orders through the previously mentioned exempt resolutions, since they are duly substantiated, being issued by the competent authority and in use of the powers granted by law to do so.”
Execution of expulsion of Colombians is suspended
However, the court considered that the legal mandate that Article 135 of Law No. 21,325 imposes, a rule that orders the suspension of the execution of any type of expulsion order in cases in which judicial resolutions are in force that prevent those protected from leaving the country or who are in the custody of the Chilean Gendarmerie for any legal reason”, states the ruling.
That is why, by maintaining precautionary measures filed by the Puerto Montt Guarantee Court, such as national arraigo, total house arrest and preventive detention, the expulsion orders decreed by the authority they must be suspended.
This decision was agreed upon with the vote against by Minister Avendaño Gómez, who was about to accept the amparo action.
This article describes an ongoing judicial process There is a possibility that the charges be dismissed at the end of the investigation, for which the defendant(s) should NOT be considered guilty until the Justice rules against them.
(Article 04 of the Code pr criminal court)