Human Rights Commission accuses misuse of preventive detention by the Public Ministry

27 days ago the mayor of Recoleta, Daniel Jadue is found in preventive prison, in the midst of the investigation for alleged corruption crimes and embezzlement of public funds in what has been called case Popular Pharmacies.

Some precautionary measures that were going to be reviewed on the morning of Friday, June 28 in the Third Guarantee Court of Santiagobut it was postponed and will take place next Wednesday, July 3. Although his departure from the Captain Yaber Annexwhere he is being held, but rather the request that he be prohibited from holding acts and agreements due to his 5 properties and a car.

Although what could be done was to add the criminal lawyer Juan Carlos Manriquez –with extensive experience in highly complex cases and who also defends the former director of the PDI, Sergio Muñoz and the family of Ronald Ojeda – with the aim of removing him from preventive prison.

CCHDH charges against the Public Ministry

In this context of the trial of Daniel Jadue, the Chilean Human Rights Commission issued a public statement this Saturday, June 29 where criticizes the judiciary for violating constitutional principles such as the presumption of innocence and the right to provisional freedom.

“We are concerned about the proportionality and necessity of the personal precautionary measures, such as preventive detention,” the statement says. However, the Commission denounces that certain prosecutors and courts are politicizing justice and using practices of “Lawfare” to charge the law with greater vehemence against certain defendants, which is evident, according to the Commission, in the case of Daniel Jadue.

The CCHDH assures that in this judicial process legal and constitutional norms have been transgressed, as well as norms of the international human rights law.

The statement questions the Public Prosecutor’s Office for not conducting the investigation objectively, seeking both evidence of the defendant’s guilt and innocence. “The prosecution in this case seems to be only concerned with looking for what can serve to accuse the defendant,” the statement reads. In addition, it questions the legality of the measures of deprivation of liberty, pointing out that the requirements for imposing preventive detention are not met.

Extensive use of preventive detention

Furthermore, the CCDH considers it serious that both the Guarantee Judge and the Court of Appeals of Santiago have made extensive use of preventive detention, a measure that should be exceptional according to human rights regulations. “This improper use of judicial instruments seems to give reason to those who maintain that we are facing a clear case of Lawfare”the statement states.

Finally, the Commission calls for the institutions to properly fulfill their role and respect the current legal system. “The legitimacy of institutions is an urgent need and an essential requirement for the establishment of a truly democratic society.”“, the statement concludes.