For 26 votes in favour, 11 against and nine abstentions, the senate rejected the nomination Marta Herrera Seguel to become the next national prosecutor.
From the ruling party there was an abstention, from Senator Socialist Alfonso De Urrestiand the rejection of Pedro Araya, independent pro PPD.
The rest of the votes against came from the UDI: Juan Antonio Coloma, Jose Miguel Durana, Ebensperger light, Ivan Moreira, Kenneth Pugh, David Sandoval, Gustavo Sanhueza, Enrique Van Rysselberghe and Javier Macaya -president of the community, in addition of RN Rodrigo Galilea.
Las abstentionsmeanwhile, were mainly from RN: Francisco Chahuán -helmsman-, José García Ruminot, Paulina Núñez, María José Gatica, Rafael Prohens and the independent of the bench, Juan Casto. joined the Evópoli Luciano Cruz-Coke and the independent Karim Bianchi.
The only republican of the Senate, Rojo Edwards, voted in favour.
The head of the Anti-Corruption and Legal Unit of the National Prosecutor’s Office and a lawyer from the University of Chile needed 32 backups to become the successor of Jorge Abbott for the next eight years.
The letter proposed by the President Gabriel Boric faced the vote with a negative recommendation of the Constitution Committee of the Upper House and, finally, did not arouse the necessary support from the chamber to be ratified.
This is the second attempt by the government for the head of the Public Ministry, after it was rejected –in an unprecedented way and by only two votes– the nomination of José Morales Opazo at the end of November. It was the first time, since the creation of the Public Ministry, that the Upper House gave a red light to the presidential appointment. The scenario is now more complex with two failed nominations.
The scenario of the vote in the Upper House was uncertain, as some senators objected to Herrera’s candidacy and argued that the lawyer was a “letter of continuity” from the outgoing administration, headed by Jorge Abbottof whom there is a bad evaluation of his management.
Faced with the questions, during the session in the Chamber, the Minister of Justice, Marcela Rios He asked not to continue “delaying this process.”
“The changes and transformations that are required in the Public Ministry cannot wait any longer, the citizens demand a firm response against delinquency and organized crime,” he emphasized.
The Secretary of State also called on the senators to “review in detail the proposal and work plan presented by the lawyer Marta Herrera in order to generate profound changes in the operation of the prosecution and we hope, without a doubt, to be able to count on the support of all the senators for this urgent task”.
The head of the Anti-Corruption and Legal Unit of the Public Ministry was the third candidate -and the only woman- best evaluated by the Supreme Court in the first who which was drawn up at the beginning of November, eliciting nine votes in favor.
However, his election by the Executive was not in the first instance, but rather after the rejection of Morales’s nomination. After this result, the highest court had to complete the list of candidates that had two vacancies, because Rodrigo Ríos made his resignation official.
The selection process was carried out again and, after a series of evaluations by the judges, the incorporation of the prosecutors was defined Nayalet Mansilla y Juan Agustin Melendez.
Among the five candidates, the government favored Herrera, in a decision that It was carried out despite the warnings that the majority of the benches had made to the government, except those of Approve Dignity and the PPD, about what your nomination would find no support. And, the concrete thing, is that it generated criticism that pointed, mainly, to an eventual continuity of Abbott.
Faced with the questions, on November 17, in dialogue with The Third PMHerrera distanced himself from the previous administration and highlighted his differences with the recent former national prosecutor.
“I am sure that with Jorge Abbott we have a different vision regarding the role of the Prosecutor’s Office within the system and the leadership that must be exercised”, he stated on that occasion.
The rejection of the senators, however, escalated to such a level that days before Herrera appeared before the Senate Constitution committee -which was completed this Monday-, members of parliamentary benches announced their votes against the nomination.
“The prosecutor Mrs. Herrera is a continuation of the mediocre and the worst management that has taken place in the Public Ministry, which is that of Mr. Abbott,” declared last Thursday the senator and head of the UDI bench, Ivan Moreira. The legislator confirmed that the party committee in its entirety would reject the Executive’s letter.
“What the government is craftily looking for with a manipulation strategy may be that they expect the list to run if we reject this nomination, to appoint a political national prosecutor, ideologically from that sector,” Moreira also declared at the time.
Pro-government senators and state ministers came out in the face of criticism to support the nomination of La Moneda. “I hope that this idea of continuity or of charging a negative evaluation of a person has nothing to do with a gender bias,” said the Minister of Justice on December 15.
“If any senator or senator wants to make a cock with the government or try to give the government a political defeat, let it not be on this issue (…). I am sure that we are going to have the votes of the ruling party, I hope that the right also concurs so that we can strengthen the prosecution, ”he said, for his part, this morning President Boric.
This Monday, meanwhile, the lawyer made a presentation before the constitution commission to present their main proposals to head the Public Ministry. Macrozonal work, artificial intelligence, criminal prosecution and gender violence were the main axes addressed by Herrera.
Closing his speech, he highlighted his career in the institution and assured that an eventual administration of his would provide technical preparation and a strategic and systemic perspective. In addition, he affirmed that he maintains the conviction of restructuring and changes, as well as new looks with the renewal of the teams.
“I think I have that background and those skills that are required for the exercise of the positionbut above all I believe that the Public Ministry is a fundamental institution of the State that requires urgent transformations,” said Herrera.