2024-09-08 01:44:21
The appellate court rejected the defense’s submission for Hermosilla, since he is already serving preventive detention in Capitán Yáber.
The Court of Appeals of Santiago rejected the appeal for protection filed by the defense of Luis Hermosilla, against the resolution that ordered the admission of the accused for the crimes of bribery, money laundering and tax crimes in the Audios Case, to the Santiago I Preventive Detention Center and not directly to the Captain Yáber annex.
In a unanimous ruling, the Eleventh Chamber of the appellate court established that “the appeal lost its opportunity” as the transfer of Luis Hermosilla to Capitán Yáber had already been completed.
“That, with respect to the merits, it is an essential requirement to verify the existence of an act that causes deprivation, disturbance or threat to the right to personal liberty and individual security of the protected person. However, according to the reports and background information attached to these, consisting of administrative documents and jurisdictional resolutions, it appears that on August 27, the defendant was placed under personal precautionary measures of preventive detention and was admitted to the Preventive Detention Center of Santiago I; that by means of an official document dated August 27 of this year The Chilean Gendarmerie informed the Court of Guarantee of the existence of available places in the Captain Yáber Annex; and that on the same day the court ordered the admission of the protected person to that detention center, He is currently serving a personal precautionary measure in said facility, which is what is required in the case, therefore, there is no measure that this Court can adopt,” the ruling states.
“Preventive detention shall be carried out in special establishments, different from those used for convicted persons or, at least, in places absolutely separate from those intended for the latter, what has been fulfilled in the species in a timely manner, as it has been reviewed, appearing that the appeal has lost opportunity“the Court of Appeals added.
“For these reasons, and in addition to the provisions of Article 21 of the Political Constitution of the Republic, the appeal for constitutional protection filed on behalf of Luis Hermosilla Osorio is hereby rejected,” the appellate court concluded.