Former conventionalists Fernando Atria (Frente Amplio) and Fuad Chahín (DC), had a hard clash in a new chapter of “Tú Decides”, where they discussed the constituent process and how the arrest of the CAM leader would affect the exit plebiscite .
There are two weeks left until the exit plebisciteinstance where citizens will vote I approve or reject to the proposal for a new Constitution drafted by the Constitutional Convention and that he officially delivered on July 4.
This Wednesday, the Public ministry managed to arrest the leader of the Coordinator Arauco Malleco (CAM), Hector Llaitul.
The arrest occurred as a result of an investigation by the Prosecutor’s Office generated by a complaint by State Internal Security Law presented by the government in 2020.
The arrest was carried out by officers of the Investigative Police in Cañetepursuant to an order granted by the Court of Guarantee of Temuco.
The former conventional Fernando Atria (Broad Front) and Fuad Chahín (DC)had a hard crash in a new chapter of “It’s up to you” where they discussed the constituent process and how the arrest of the CAM leader would affect the exit plebiscite.
After being consulted on whether the arrest benefits the Approval or the Rejection on September 4, the former conventional Chaín stated that “you do not have to make a calculation with this. I think that an inconsistency is demonstrated here. Today Héctor Llaitul is in prison because there was a lawsuit in 2020 over the State Security Law, the same law that this government refuses to apply today.”
“And that besides Fernando Atriawhen it was conventional, on July 8, 2021, what he did was sign a statementwhich the plenary approved, in which, among other things, He asked that all the lawsuits under the State Security Law be dropped,” he said.
“Among those lawsuits that were in force there is the one that has precisely today allowed the capture of Héctor Llaitul. Therefore, in my opinion, that condescending attitude towards violence, terrorism and such practices. The same declaration in which the freedom of the prisoners of the revolt was requested is the one that Fernando signed on July 8, 2021 to request that the complaint be lifted by the State Security Law that today allowed the capture of Héctor Llaitul ” , he stated.
After being asked if his signature on this statement was a mistake, the former conventional Atria stated that “No, I think that declaration was important so that the constitutional process and the convention could continue.”
“In any case, the arrest of Héctor Llaitul today is not only for crimes under the State Internal Security Law, it is also the product of wood theft and usurpation, which are common crimes. Therefore, would not have affected the withdrawal of the complaints”he claimed.
“But I think it was a question that had to be done, that allowed the convention to move forward and succeed in fulfilling its mandate”he added.
On whether he feels that the arrest of Héctor Llaitul benefits the Approval option, Fernando Atria replied that “I believe that this is part of a normal development within a criminal process. It is noteworthy that if these complaints had already been filed more than two years ago, they are only happening now. But I think it’s a good sign, move on. I don’t think it’s a particular benefit to one or the other. I think it’s a good sign given the situation we’re in today.”
T13
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Indigenous system
One of the issues that has generated the most controversy in the proposed new Constitution is the indigenous system. Regarding this, the former conventionalist Fernando Atria stated that “the Constitution provides that indigenous justice systems must respect fundamental rights and human rights.”
“Of the first fundamental rights is article No. 112 and the principle of legality. The principle of legality requires that for there to be crimes or penalties, there must be a law, and the law is dictated by the legislative power. There is no indigenous law. Indigenous systems are systems of customs. Custom is not law,” he said.
“Therefore, The idea that indigenous justice is going to carry out criminal justice and that it is going to be possible to claim it before the Constitutional Court, I think it is totally imaginary”he asserted.
Given this, the former conventional Chahín replied that “It is not imaginary, because those crimes are in the law. Wood theft is against the law. Therefore, the principle of legality that is typified in the law is complied with. Indeed, the law that sanctions terrorist behavior has a criminal type.
“The State Security Law in its version has two chapters, Internal Security and External Security. In Internal Security, which is the chapter that applies in these cases, it establishes criminal types. Therefore, the principle is perfectly complied with of legality and typicity of the crimes, if these same crimes are already both in the criminal code and in particular legislation. Tomorrow, instead of being judged by the courts of the national justice system, are judged in indigenous justice,” he said.
The former conventional Fernando Atria replied that “that makes no sense, because the sense of indigenous justice is part of the recognition of indigenous peoples. It is the recognition of their cultures, traditions and customs. These are not their cultures, traditions and customs, they are the law.”
“It doesn’t make sense to allege that because there is enough logic in the recognition of indigenous justice, which It is part of the general recognition that has been impossible for 30 years of indigenous peoples”he indicated.
“So, by recognizing the culture, the cultural differences, and the existence of an indigenous tradition and custom, the possibility that they use it to solve their conflicts is being recognized. It is absurd to recognize that culture so that they apply norms that are not part of of that culture,” he said.
Check out the debate between former conventionalists Fernando Atria (Frente Amplio) and Fuad Chahín (DC) below: