The lawyers Alejandro Awad Cherit y Miguel Schürmann Opazolegal representatives of Josefina Huneeus Lagosthey filed a Appeal for the Court of Appeals of Antofagasta denouncing “espionage” and illegality of the interception of the call of his client with the president Gabriel Boric. The Action seeks to invalidate three resolutions of the Local Guarantee Court that authorized and renewed the “illegal interception” of the Huneeus phonelinked to the accused Alberto Larraín for the Proculture case.
The jurists argue that the listenings were made without founded suspicions or legal motives, since Huneeus did not appear as investigated in the case. “The measure was decreed by mistake, under the assumption that the number belonged to another person,” says the 20 -page writing.
In addition, they emphasize that intercepted conversations – including one with President Gabriel Boric – lack criminal relevance.
The appeal emphasizes that the Public Ministry and the Court acted outside the legal framework by qualifying Hneeus as a witness first and then as charged without concrete background. “They intended to ‘maintain’ an illegal interception through resolutions without foundation“Adds the document.
They raise irregularities in the authorization of listening
The text reveals that the first interception, authorized on October 2, 2024, pointed to the number initially associated with Larraín. However, The phone belonged to Hneeus for two decades. Despite detecting the error, the Coquimbo Regional Prosecutor’s Office requested “keep“The measure on October 16, arguing that Hneeus”I had knowledge of the facts investigated“.
The Guarantee Court agreed, although the fiscal application did not quote rules or submit evidence, it reads in the amparo libel. “The court authorized the interception as if Hneeus was charged, although he was not even attributed to participation in crimes,” denounced lawyers. Subsequent renovations (December 6, 2024 and February 10, 2025) replicated this legal vacuum.
Among the intercepted conversations appears a call of October 14, 2024 between Hneeus and President Boric, prior to the resolution that “legalized” you listen. This record was used to try to intercept the president’s phone, request rejected on November 12 for lack of foundations.
Resource accuses “espionage” for improper use of intrusive measures
The document emphasizes that, in its requests, the Prosecutor’s Office described Hneeus as a witness, not as a suspicious. An PDI mail of October 14 pointed out: “She would be aware of the proculture actions and would provide background.” However, the court treated her as accused without justifying it, the jurists raise.
“There is a name for illegal interference to people’s private life, espionage“, Read the Amparo resource.
In that line, lawyers cite failures of the Supreme Court that invalidate proceedings without foundation.
“The October 16 resolution lacks motivation. What suspicions founded existed? None“, Says the appeal. In addition, they criticize that the renovations were approved without new background; according to them,” the court rewarded the ambiguity of the Prosecutor’s Office. “
Application for nullity and elimination of call records between Josefina Hneeus and Boric
He resource requests to cancel the contested resolutions and eliminate all material obtained through interceptions.
The action insists that the measures affected the personal freedom and honor of Hneeus. “The Prosecutor’s Office used a witness quality to justify an interference reserved for accused,” the lawyers argue. They conclude demanding transparency, “without foundations, there is no legality.”
Recall that listeners occur within the framework of the Research for alleged irregularities in agreements between public institutions and the Proculture Foundationwith tax losses estimated at $ 6 billion.
For now, the Antofagasta Court of Appeals must resolve whether or not the protection welcomes.
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