As never before the fight for the national prosecutor’s office had been so rude and eventful. Is it possible that some Supreme Court justices have met with lawyers who are now candidates to be heads of the Public Ministry? We’ll soon be able to find out. Because this Thursday, December 1, the journalist of the organization – dedicated to investigating and disseminating the content of documents delivered by the State – La Pública (www.lapublica.cl), Catalina Gaete, asked the Judiciary “access and copy to the documents that contain a list or list of all the meetings held by ministers of the Supreme Court with candidates for National Prosecutor. their lobbyists, interest managers or representatives, between January 1, 2022 and the date of entry of this application (December 1, 2022)”. A petition that is part of Law No. 20,285, on Transparency and Access to Public Information.
The request asks to include the date of the meeting, the name of the court minister, the name of the court or the candidates, lobbyists, interest managers or representatives attending the meeting. And it adds that if the meetings occurred outside the offices of the Judicial Power, but during working hours, they are also included in the framework of the request.
The text also requires that “it be considered in the broadest possible terms, that is, that the greatest amount of information available in this regard be provided, excluding only that which is subject to constitutional or legal exceptions, by virtue of the principle of maximum disclosure established in Article 11 of Law 20,285.”
Historical rejection
Recall that last Wednesday, November 30, the Senate – for the first time in history – rejected the nomination of lawyer José Morales Opazo to National Prosecutor. Persecutor of the North Central Metropolitan Prosecutor’s Office, Morales had been chosen by President Boric from the fifth proposed by the Supreme Court to assume the position replacing the retired Jorge Abbott, who completed the maximum age (75 years) to exercise the position.
Now it is up to the Supreme Court to recompose the quina —which already includes Ángel Valencia, Marta Herrera and Carlos Palma (Rodrigo Ríos made his retirement official)—, adding a new candidate, so that the President makes a second proposal to the Senate.
In this context, La Pública’s request to make transparent the meetings that the members of the Supreme Court may have had with those who presented their candidacy to lead the Public Ministry and especially those who were selected to integrate the quina acquires great relevance.
From the acknowledgment of receipt by the Judiciary, and if it is considered that the request complies with the mandatory requirements established in article 12 of the Transparency Law, the response should be delivered within a maximum period of twenty working days, that is, on December 30. Period that could be extended by an additional 10 working days if there are difficulties in gathering the required information.
Undoubtedly, a contribution to clarify possible dangerous relationships and exchange of information in the process of this complicated election.
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