Daniël Jadue Precautionary Guarantee Hearing at Santiago Justice Center: Latest Updates and Legal Proceedings

2024-04-19 19:17:49

Before 1:00 p.m. this Friday, the mayor of Recoleta, Daniel Jadue, He arrived at the Santiago Justice Center.

The reason for his arrival is due to the precautionary guarantee hearing requested by his defense, following the Investigative Police stopped his departure from the country at the Santiago Airport on Wednesday night. His destination was Venezuela and, as he noted, he was invited by the government of Nicolás Maduro to participate in an international body related to municipalities.

The PDI alerted the prosecutor Giovanna Herrera, who in turn contacted Jadue’s lawyer, Ramon sepúlveda. The pursuer told her that if the trip took place, I would request an arrest warrant. The prosecutor stated that the mayor is one month away from being formally charged with crimes of bribery, tax fraud, fraud and unfair administration, associated with the purchase and sale of supplies to face Covid-19 by the Chilean Association of Municipalities with Popular Pharmacies (Achifarp). Thus, Jadue gave up traveling.

Subsequently, whoever was a pre-candidate of the Communist Party for La Moneda, accused a “brutal abuse” and announced legal action. This, he said, because he did not have precautionary measures that would prevent him from leaving the country.

Upon his arrival at court, accompanied by his lawyer, the mayor demanded “a minimum of respect” and evaded press inquiries. At the same time, he announced that he would not speak to the media upon leaving.

Photo: Dragomir Yankovic / Aton Chile.

At the hearing, held in Third Guarantee Court of Santiagothe mayor’s defense lawyer recounted the events and assured that the prosecutor’s call was a “illegal threat”. In the conversation, the professional stated, prosecutor Herrera argued that “There is no extradition treaty with Venezuela.” The lawyer criticized the prosecutor’s presumption regarding Jadue’s possible escape to Venezuela prior to its formalization. In that sense, he said that since they learned of the formalization, Jadue has traveled five times, two of them to Venezuela. These trips occurred in November and December 2023.

“We believe that several legal and constitutional rights and guarantees enshrined by our justice system have been violated,” said the private defender, who pointed out that what the PDI did was an “illegal retention or detention.”

At the hearing was the regional prosecutor of the North Central Prosecutor’s Office, Xavier Armendáriz, who raised the arguments of the Public Ministry. Armendáriz defended the “early warning” issued on April 1 regarding Jadue and through which the Investigative Police reported to the Public Ministry regarding the mayor’s trip. Furthermore, the regional prosecutor assumed full responsibility for what happened. “I want to state for the record, your honor, that what was done by the prosecutor Giovanna Herrera is on the instructions of this regional prosecutor who is his hierarchical superior and by law I have my position in the processing of the cases. In other words, I want to be clear regarding that, it is an action carried out by a direct order from the speaker.” he pointed.

“In no case has the prosecution coerced, warned, prevented, threatened or deprived anyone who uses their freedom of movement. He simply spoke with the lawyer in the case, which he himself has pointed out is frequent, conversations with the prosecutor are recurrent. The situation was pointed out, informing him that in the face of this new scenario the prosecutor’s office was evaluating the possibility of requesting an increase in the intensity of the precautionary measures.“added the pursuer.

Lawyer Ramón Sepúlveda asked at the hearing to declare himself by the court “that norms of the Criminal Procedure Code and legal and constitutional guarantees have been violated” and also, that the Public Ministry be informed inform, justify and rescind the alert regarding his client and declare that he is not prohibited from leaving.

Previously, in an interview with 24 Horas, the jurist said that they would file a complaint once morest prosecutor Herrera. In addition, he indicated that they will turn to the national prosecutor, Ángel Valencia, to carry out an administrative summary and evaluate the removal of Prosecutor Herrera and the regional prosecutor. “We believe that Prosecutor Herrera has lost objectivity and so has the regional prosecutor regarding this investigation.”

After a break, at 3:00 p.m., the judge spoke Katherine is Romanian to indicate that he rejected the request for the defense of the communal chief.

“This judge believes that it has not existed, at least, it has not been substantiated, sufficient background information has not been provided to allow this judge to estimate in this hearing that there has been a violation of equality before the law,” maintained, also indicating that “There are no precedents to estimate discrimination”

Román explained that the prosecutor’s action does not constitute an impact on Jadue’s personal freedom.

“In my opinion, then, there is no impact on the guarantees on which the defense has based its arguments,” added the judge.

After learning of the magistrate’s decision, the Public Ministry reported that it lifted the secrecy of the case and that it was in a position to formalize the mayor on the spot. Therefore, the prosecutor Marcelo Cabrera, requested to anticipate the hearing set for May 29. The mayor’s defense objected and Judge Román rejected the request explaining that it was not possible to access “due to structural, organizational and judge availability issues.”

Photo: Dragomir Yankovic / Aton Chile.

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