translated from Spanish: Court declares illegal curfew decreed in Coquimbo and La Serena

The Court of Appeals of La Serena on Tuesday welcomed the appeal of protection brought against the brigadier general and head of the National Defense for the communes of Coquimbo and La Serena, Jorge Morales Fernández, for establishing the touch of which last October. In a split ruling, the First Chamber the high court – composed of Ministers Fernando Ramírez, Juan Carlos Espinosa and the lawyer (i) Enrique Labarca – welcomed the induced precautionary action, after establishing the unlawful and arbitrary action of the military authority to decree, without having competence, the challenged measure.” Consequently, and nonetheless the curfew measure had been terminated, since it was raised on 28 October of the currents, the measure at issue did indeed constitute an unlawful act, as long as the military authority was not endowed with jurisdiction to declare that measure of curfew, and at the same time arbitrary, since, in issuing the respective ExemptEd Resolutions, in the terms in which it was made, they have no basis to support it,” the ruling argues. The resolution adds that: “Therefore, the conduct of the appealed party constitutes a disturbance and threat to freedom of work (…) which is guaranteed in article 19 No. 16 of the Political Constitution of the Republic, since its work deprives it of carrying out its working day in its particular consultation, at least for a certain period of time”.” Likewise, such a procedure affects and injures the right to engage in any economic activity of the complainant (…), since the action in question deprives him of enjoying, during the term of the curfew measure, the possibility of exercising his profession”, he adds. It concludes that: “The action for protection brought by Mrs Patricia Paola Martínez Soto against the Brigadier General, Mr Jorge Morales Fernández, is WELCOMED, and, consequently, the Head of National Defense for the communes of Coquimbo and La Serena, must refrain from decreeing a curfew, to the extent that it does not have the respective delegation of powers”. Decision adopted with the vote against the member lawyer Enrique Labarca.

Original source in Spanish