Marking a setback for the National Institute of Human Rights (INDH), the Seventh Guarantee Court of Santiago rejected the complaint filed against the former Minister of Defense and current candidate for mayor of Santiago, Mario Desbordes (RN), for the crime of influence peddling in the appointment of Minister María Teresa Letelier to the Supreme Court. However, this is not the end of the story.
The resolution, signed by Judge Cristian Alejandro Azócar Carmona, is based on a strict interpretation of the powers of the INDH according to Law No. 20,405. The court determined that the Institute “does not have active standing” to file complaints for crimes that are not specifically listed in said law.
The central argument of Desbordes’ defense, led by attorney Agustín Martínez, which was accepted by the court, focuses on “the restrictive interpretation that must govern the precepts that imply the limitation of rights.” Thus, the court accepted the appeal for reconsideration presented by the former minister’s defense, declaring the INDH complaint inadmissible.
However, the court did not completely dismiss the facts presented by the INDH.In its ruling, it acknowledged that the events constitute a crime, and ordered that the background information be taken as a complaint and sent to the Public Prosecutor’s Office for the corresponding investigation. This move ensures that, although the complaint was rejected, the possible criminal conduct will not go unpunished and will be investigated by the competent authorities.
The rejection of this complaint poses significant challenges for the INDH, which will have to reevaluate its legal and operational strategy.
Mario Desbordes has accused on several occasions that the complaint against him had a “political purpose.”
Consult the ruling of the Seventh Guarantee Court of Santiago.
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