Conventional members of the right and the Government criticized the proposed rule that seeks to grant an unconditional amnesty to detainees in the context of the social outbreak and other events of political connotation that occurred from the 1990s to the date of the exit plebiscite.
The promoter of the initiative and constituent for district 5, María Rivera, assures that with the project they seek justice for those who fought against the capitalist regime, since the dictatorship.
Controversy has caused the proposed rule entered to the Constitutional Convention that seeks to provide an amnesty to prisoners during the social outbreak, contemplating the same benefit with respect to other subversive acts that have occurred since 1990 and up to the date of the plebiscite to exit the Magna Carta in drafting.
The text understands as “political prisoners who have committed crimes with political inspiration and who are repressed by state agents. For the purposes of this motion, when we speak of political prisoners we refer to any person deprived of liberty, either by virtue of a conviction or under a precautionary measure restricting liberty, for imputing their participation, in any of its degrees, in acts of political connotation”.
In this sense, he recalls that after the end of the dictatorship an amnesty was granted “to the uniformed men involved in crimes against humanity during the military dictatorship, thus preventing a trial for the guilty or reparation for the victims. In addition, Augusto Pinochet, with total impunity, hands over the power to stay for eight more years as Commander-in-Chief of the Army. This is crucial since the political and judicial persecution against opponents of the regime continued, these being the first political prisoners of democracy in the 1990s, some even tried and convicted by military prosecutors and who are currently serving sentences in conditions inhuman”.
In this way, he refers to former members of the Lautaro Youth Movement, the Revolutionary Left Movement and the Manuel Rodríguez Patriotic Front, mentioning figures such as Mauricio Hernández Norambuena, Ricardo Palma Salamanca, Galvarino Apablaza, Raúl Escobar, Patricio Ortiz and Pablo Muñoz Hoffmann.
Right-wing sectors have been critical of the proposal. The constituent for district 3, Pablo Toloza, assured that it lacks legal logic and that it is a norm that goes beyond the limits set in the current Constitution, when considering convicts since the 1990s.
In the same way, the Minister of the Interior, Rodrigo Delgado, said in a conversation with CNN Chile that the amnesty measure for those detained in the midst of incidents during the social outbreak would be an “incentive to crime.”
Meanwhile, the conventional one for district 5 and promoter of the proposal, María Rivera, defended that they seek justice for the detainees and that, if it is not approved in the drafting body, it would mean writing a “hypocritical” Constitution.
The initiative was presented on January 27 to the Fundamental Rights Commission and was supported by the conventional Ivanna Olivares, Dayanna González, Manuela Royo, Constanza San Juan, Eric Chinga, Francisco Caamaño, Elsa Labraña, Lisette Vergara and Camila Zárate.