The trial judge Romina Martini granted 15 days so that the parties to the usurpation case in the Mallín Ahogado area, which has members of the Mapuche community Coronado Inalef, reported by individuals, have instances of dialogue in search of an alternative solution to the forced eviction ordered by a Guarantee judge in March.
The eviction is stopped because towards the end of March, the official defender Natalia Araya filed an extraordinary appeal for the provincial Court of Appeal to analyze the case, but today a accusation control hearing that was suspended after Judge Martini gave rise to a new proposal from the official lawyer representing the Mapuche community.
In the case are accused of the crime of usurpation Cristina Coronado Inalef, Mariela Paola Troncoso and René Omar Gutiérrezafter settling on lands in the Mallín Ahogado area in April 2023.
The Guarantee Judge, Juan Pablo Laurence, ordered the eviction in March and given the community’s refusal of voluntary withdrawal on the 15th of that month, the protocol was activated, but finally on March 25 it was suspended before the file was submitted to the Court of Challenge.
The defender today asked the judge for a new period of 15 days to “continue dialogue in search of an alternative solution” to the conflict, despite the fact that so far the approaches have been fruitless.
Araya indicated that It was proposed to the complaint and the prosecution that the conflict zonewhich are lands that lawyer Patricia Zavalía, plaintiff in this case, claims as her own, remains as a “transit” area and a measure is issued not to innovate on any of the parties. until the primary conflict regarding the ownership of the land is resolved in the Civil Court. He explained that also in that area there is a subdivision claimed by the Sepúlveda family, who could not advance any reform either. That option was not accepted by the complaint.
“You can work to shape it“Araya promised in the hearing held this morning by Zoom. The defendants also told Judge Martini that they were committed to complying with the guidelines if an agreement was reached.
The lawyer of the complaint, Marcela Fragala, said that “There is no possible agreement and there will not be one because in every agreement presented they have imposed a very heavy burden on the victims., the conditions are harmful” for his part he stated. He also indicated that the accused They are “very violent” and that his client does not trust in an agreement, which is why he urged that the eviction already ordered by a Guarantee judge move forward.
Prosecutor Francisco Arrien remarked that if there is an agreement “It has to be under any kind of pressure” and that those who decide to conciliate “must have the conviction” to agree. He then stated that the complaint was not in accordance, therefore he did not endorse any alternative resolution of the conflict so far.
The Judge Martini, After listening to the parties, he said that “The procedural law says that judges must seek the solution of the primary conflict as a rule” and under that premise and his ignorance of the case, because it is the first time he intervenes, he considered it prudent “to allow these two weeks for the parties to try to reach a non-litigious agreement.”
The judge indicated that if there is no agreement within this period, the hearing to control the accusation suspended today must be resumed.
Given the judicial decision, prosecutor Arrien reported that in the coming days he will summon the parties to a hearing, if possible in person, to be able to get closer.
