The formalization hearing of the gendarmes detained in the investigation by the Eastern Metropolitan Prosecutor’s Office that dismantled an arms trafficking network, led from prison, is scheduled for tomorrow, Tuesday.
It should be noted that, according to the information collected by El Día, there would be nine active officials of the Huachalalume prison, in addition to a former official discharged for another reason, who would be involved at the local level in the case that has national implications.
The Prosecutor’s Office indicated to our media that a total of 14 detainees will be presented in the case, among whom are the aforementioned La Serena officials. In addition, six inmates will be transferred from different prisons, investigated as members of the criminal network.
The case has been handled in complete secrecy, since the investigation was declared secret, so further details are unknown.
Defense will request annulment
Before the hearing, El Día spoke with lawyer Carlo Silva, who represents the detained gendarmes.
The defender indicated that he hopes to argue the annulment of the resolution of the Seventh Guarantee Court of Santiago that ordered the capture of the accused. On the other hand, they will request the partial lifting of the secrecy of the investigation.
“I cannot provide concrete and accurate information about the process, since in the first place we do not know it and that is one of the things that we are going to present next Tuesday. We were informed immediately after the arrest that the investigation was declared secret, so no one can report any details of the accusation, but the most serious thing is that the resolution of the Seventh Guarantee Court, which ordered the arrest of my clients, the search of homes and the seizure of certain assets has not been substantiated and does not narrate in any case the elements of the accusation,” he explained.
Along these lines, he added that “in concrete words, we know nothing about the investigation and our clients have been deprived of liberty for more than 48 hours without knowing the exact reasons for their detention.”
The above, said Silva, is one of the most delicate situations, since the confidentiality of the investigations “has a legal basis and the norm allows it” aimed at ensuring that future proceedings in the case are not affected, however “we depriving us of knowing why they are detained seems extremely arbitrary and illegal to us until this minute.”
Although the case has been presented as an arms trafficking network, the jurist points out that the court’s resolution indicates the crimes of bribery and money laundering, but does not mention their circumstances nor what charges correspond to each person involved.
The defender mentions 11 active officials, all of whom work at the Huachalalume prison, among whom are two officers. These have “irreproachable previous conduct and excellent official records,” he indicated.
Regarding this, he added that “all the more reason we feel that the accusation has been very arbitrary and within the framework of a rather violent procedure carried out by the police in their homes, with damage to property and also causing harm to their children.”
He also maintained that “for an arrest warrant to be issued, it is required to demonstrate that the accused are not going to appear voluntarily before the court. We are talking about active officials, I wonder why they were not summoned to a hearing and they would have appeared with their lawyer,” she concluded.
Reported by the institution
The arrest was generated after an extensive investigation, in an operation coordinated by the Criminal Investigation Department (Dicrim) of the Gendarmerie and the OS9 of the Carabineros, with the support of the GOPE.
According to reports, the officials were denounced by the same institution within the framework of the “Investigative Focus to Combat Organized Crime in Penitentiary Facilities”, a case that continues with pending proceedings and under confidentiality.
After the facts became known publicly, the Undersecretary of Justice, Jaime Gajardo, indicated that “it is essential, to maintain control of the penitentiary facilities, that the Gendarmerie is an institution independent of events like this (…) and in the case of “If there are officials committing illegal acts or deviating from their functions and duties, the institution will use all its strength to ensure that they are investigated, detained and able to pay for these acts.”
The National Association of Non-Commissioned Officers and Gendarmes (Ansog) also expressed its rejection of the reported events.
“As is known to those who see our work daily at the national level, Ansog will not give its support to those who deviate from the correct actions that should guide official conduct, after which we can only wait for justice to do its job and, “On those who are responsible for these crimes, have exemplary sentences,” they indicated in a public statement.
