Despite the votes against from the senators and deputies of Chile Vamos, who insist on including those convicted of human rights violations in the benefit, Congress dispatched this day the additive veto for commutative pardon that allows a group of inmates to serve their sentence outside the prisons through a total house arrest , all in the midst of the covid-19 emergency.
The debate is crossed by the onslaught of a group of senators from Chile Vamos who filed an injunction with the Constitutional Court to include in pardon those convicted of human rights violations, a recourse that was admitted to proceedings by the entity and which will be seen on Monday at the instance. In parallel, the processing has also been marked by the Government’s decision to put urgency on the so-called Humanitarian Law, as a formula for considering Punta Peuco’s inmates in the benefit, and to de-loathe the climate with the right However, despite the adoption, the enactment of the commutative pardon is pending the resolution adopted by the TC in the request of the Chilean parliamentarians Vamos.
Justice Minister Hernán Larraín graphed it this way: “Unfortunately approval is not going to allow us tomorrow to have 1,300 people outside, because there is a request to prevent it. We will have to expect the Constitutional Court to settle this issue and at least postpone it in weeks the possibility that these people may serve their sentences under house arrest, decongesting prison precincts.”
“If that request were not, women imprisoned with their children could now return to their homes,” Undersecretary Sebastián Valenzuela added.
The bill was approved in the first instance in the Senate. 31 in favour, four against and six abstentions. In contrast, Juan Castro (RN), José Durana (UDI), Rafael Prohens (RN) and Alejandro Navarro voted; meanwhile, RN Francisco Chahuán and José García Ruminot (RN), Kennet Pugh (independent), and UDI Juan Antonio Coloma, Jaqueline van Rysselberghe and Luz Ebensperger were abstained.
It was later reviewed in the Chamber of Deputies, where it had 92 votes in favour, 13 against and 3 abstentions. Rejection votes came from Chile Vamos: Sergio Bobadilla (UDI), Juan Antonio Coloma (UDI), Mario Desbordes (RN), Camila Flores (RN), María José Hoffmann (UDI), Harry J’rgensen (RN), Miguel Mellado (RN), Celso Morales (UDI), Christian Moreira (UDI), Luis Pardo (RN), Jorge Rathgeb (RN), Ignacio Urrutia (Republican Party), Osvaldo Urrutia (UDI) and Gastón Von Muhlenbrock (UDI).
In the Senate, the arguments against it indicated that there can be no discrimination for those over 75 who have certain health conditions, regardless of the crime they have committed. According to officialism, according to information provided by Gendarmerie there are 122 people across the country, convicted of various crimes, who are over 75 years of age and have complex health conditions, but that only 7 of them would benefit from this law.
Overflows: “The measure is not healthy”
But it was in the Chamber room that the debate was most high. DC Matthias Walker called the MPs who came to the TC inconsequential: “Read the catalogue of crimes excluded in the project, it is excluded homicide, parricide, rape, sexual abuse of children under 14 years of age. Those convicts are going to defend the CT, what a shame. The same people who said there was a revolving door, that the criminals were going to run out of party, they go to the TC to defend those criminals. That’s inconsistency, that’s what’s tired of people,” he said.
Meanwhile, RN President Mario Desbordes said that “the measure is not healthy, those infected by coronavirus will not be left out of the system.” In the debate, the Member insisted on the thesis of discrimination and asked to review on a case-by-case basis people who are over 75 years of age.
“Here we enter the other debate, a disgusting debate, if the dead of mine are less important than yours. If your killers are better than mine (…) the same ones who pardoned multiple murderers, the same ones who released murderers in democracy, today they teach us what is right to act and what it is to care for the public,” he accused.