The defense of Manuel Monsalve presented an appeal for protection so that the former undersecretary of the Interior leaves the Rancagua prison and comply wiht precautionary measures at your home to “safeguard your safety.”
In the brief submitted to the Court of Appeals, and made known by T13, the lawyers of the former Government authority They emphasize the protection of his integrity and possible attacks that he could receive in the prison.
“This constitutional action for protection is not intended in any case to discuss the very foundations of the resolution of the 7th Guarantee Court of Santiago, nor its lack of foundation, but specifically to safeguard the individual safety of the protected person, Mr. Manuel Monsalve Benavides,” the document specifies.
This,with the intention that the court of appeal “adopt all the measures that the law allows to guarantee the individual safety of the protected person during the execution of the decreed and special preventive detention,to order peremptorily and instantly,that the protected person not “Comply with this measure in a prison,but right at home.”
In his first 48 hours in the rancagua prison, Manuel Monsalve was threatened by Antonella Marchant, recognized leader of the drug trafficking gang Los Marchant, after seeing him in the prison hospital.
Faced with this situation,the former undersecretary’s lawyers stressed that “it is evident that this is a person who is especially vulnerable to attacks on his life,physical and mental integrity,and attacks that seek to obtain classified and sensitive information for the Internal Security of the State.”or,all of which makes him so vulnerable to this nature of attacks that his deprivation of liberty in a prison immediately affects his individual safety due to that circumstance alone,” the appeal for protection argues.
How does the legal system address safety concerns for vulnerable inmates in correctional facilities?
Q&A with Legal Expert: The Case of Manuel Monsalve and the Challenges of Legal Protection
Time.news Editor: Thank you for joining us today.We’re discussing the recent appeal for protection filed by the defense of Manuel Monsalve,the former undersecretary of the Interior,who is currently detained in Rancagua prison. What can you tell us about the implications of his request for house arrest instead of continuing his imprisonment?
Legal Expert: Thank you for having me. The situation surrounding Manuel Monsalve’s appeal is meaningful, not just for him personally, but for discussions around prisoner safety and legal protections in the justice system. His request is grounded in serious concerns regarding personal safety and integrity, particularly due to threats he has reportedly faced from notorious figures within the prison, such as Antonella Marchant of the los Marchant drug trafficking gang.
Time.news Editor: The defense argues that Monsalve’s safety is at risk while incarcerated. What are the legal foundations for such a claim?
Legal Expert: The defense’s appeal hinges on constitutional grounds, citing the need to safeguard individual safety under the law. According to the brief submitted to the Court of Appeals, the legal team emphasizes that it’s not a challenge to the previous rulings made by the Santiago court but rather a protective measure for Monsalve’s integrity against potential attacks that could jeopardize his life and the sensitive details he might possess regarding Internal Security.Ultimately, the law allows for consideration of a suspect’s safety during their detention.
Time.news Editor: The appeal specifies that they wish for the court to remove Monsalve from prison and allow him to serve precautionary measures at home. What woudl be the potential consequences if this request is granted?
Legal Expert: if the court grants this appeal, it would set a precedent concerning the treatment of vulnerable individuals within the prison system, particularly those with high-profile backgrounds or connections. it could also influence future considerations of house arrest versus conventional detention for individuals who present similar safety concerns.Though, it’s crucial to balance this with public safety and the judicial response to criminal behaviour.
Time.news editor: Considering the threats faced by Monsalve, what responsibilities do correctional institutions have regarding the safety of their inmates?
Legal Expert: Correctional institutions have a legal and ethical obligation to ensure the safety of all inmates, particularly those who may be exposed to unique risks such as ex-government officials or whistleblowers. This includes evaluating potential threats from other inmates and taking proactive measures to mitigate these risks, whether by separation from hazardous individuals or consideration for choice forms of detention when warranted.
Time.news Editor: From a broader viewpoint, what does this case reveal about the intersection of law, safety, and human rights?
Legal Expert: This case illuminates the critical need for legal systems to adapt to the complexities of individual rights and societal security. It presents a classic dilemma: how to protect individual liberties while also ensuring that the rights of the broader community are upheld. The challenge is in finding a balance that protects both the integrity of the judicial process and the safety of individuals within that process, showing that human rights considerations must extend to all, even those accused of serious offenses.
Time.news Editor: What practical advice would you give to individuals navigating similar legal circumstances?
Legal expert: Individuals facing legal challenges should prioritize securing competent legal representation that understands the nuances of the law related to personal safety and prisoner rights. It’s also essential to gather and document evidence regarding vulnerability and threats, as these will be crucial in any appeal for protective measures. Advocacy for humane treatment and legal reform could play a significant role in addressing these systemic issues.
time.news Editor: Thank you for your insights today. This discussion sheds light on the complexities involved in ensuring safety and justice within the legal framework.
Legal Expert: Thank you for having me.It’s crucial to keep these conversations in the public eye as they shape our legal systems and our understanding of justice and safety.