The questioned decision of the highest court to transfer Judge Pablo Aceituno to Porvenir, after being sanctioned for sexual harassment against a judicial functioning party in San Fernando, was criticized by the Bar Association of Magellan and the Magistrates’ Association. In the face of this situation, the Supreme Court noted that it was a protective measure for the victim, so that they did not continue to work together and that there was not enough quorum to open a removal notebook against the magistrate, which even hyno ministers who voted for adsorber it.
«The Court of Appeals of Rancagua, in the administrative summary initiated to investigate acts constituting sexual harassment committed in the first court mentioned above, imposed on Judge Aceituno the disciplinary measure of suspension for four months, that is, that is the highest intensity that consults the Organic Code of Courts, a penalty that is fulfilled,» said Supreme Court spokeswoman Gloria Ana Chevesich for Radio Bío Bío. «The quorum needed to open a notebook studying the possible removal of the official was not obtained. Of 18 ministers, only five were for that,» he added.
Revealing further that «the decision imposed by the decision referred to by the resolution referred to was not unanimous, as of 18 ministers, three were due to reduce the disciplinary action to two months’ suspension; one in order not to impose the protective measure, and two were about to overturn and acquit the investigated judge of the charges against him»
Protective measure for the victim
Chevesich also explained that «the Court decreed as an offense remedy that the judiciary finance psychological treatment to restore the integrity of the court. In addition, this Court requested a measure designed to protect the offended, asking that what is necessary be arbitrate so that she and the complainant did not work in the same judicial unit.»
Ending with the «it is important to bear in mind that this is the first time that this Supreme Court has adopted a protective measure as noted above.»