translated from Spanish: Temuco Court rejected appeal and keeps custody carabiner (r) accused as the perpetrator of the murder of Álex Lemún

the Court of appeal Temuco is rejected on Tuesday the appeal presented by the defense of police Colonel (r) Marco Aurelio Treuer Heysen, accused by the public prosecutor as the author of the crime of simple murder of teenager Edmundo Álex Lemún Saavedra. Illicit perpetrated in the fundo Santa Alicia Angol commune, in November 2002. 
In a unanimous ruling, the first Chamber of the Court of Appeal – comprising the Minister Julio César Grandon Castro, Minister Cecilia Lopez Aravena and lawyer member José Martinez Rios – rejected the constitutional action of amparo against the resolution dictated the on September 28 by the Angol warranty Court, which ordered the preventive detention of the police exoficial.

the resolution adds that: “as reasoned above, suggests that the decision of the Mr. Juez de Garantía de Angol in order to enact the measure interim remand against the covered refers, therefore, a matter which was obj” ETO of judicial decision issued by a competent court, in the exercise of their legal powers and a case expressly provided for by law, duly established and within a procedure where the covered is part, while the Defense has deducted against regular resources that the law has, preferring one extraordinary as it is the present Constitutional Act.

“, by reasoned presently, is clear that the debate over imposition of the measure precautionary measures decreed against the covered occurred within an existing judicial process, in which the guarantees of the accused have been observed and are” They noted the formative principles of criminal proceedings, reason by which we analyze the Act relied on the basis of a legal or constitutional violation that affects it, which prevents this Court acquire conviction about the existence of a deprivation, disturbance or unlawful threat of the right to personal freedom of the appellant”.

“by these considerations and seen the provisions of articles 19 N ° 7 and 21 of the political Constitution of the Republic, agreed Auto processing and failure of the remedy of Amparo, is declares: that is rejecting the remedy of amparo lodged in the p” principal of 2 October 2018 presentation by don Jaime Omar Morales Toledo and José Luis Andrés Alarcón, in favour of Marco Aurelio Treuer Heysen”, sets the failure.

Original source in Spanish

Related Posts

Add Comment