2024-08-22 16:47:32
The Supreme Court ruled that the time he spent in Argentina in extradition proceedings should be credited toward serving his sentence.
The Supreme Court accepted an appeal for protection and ordered the immediate release of Facundo Jones Hualaconvicted of crimes of arson and illegal possession of a firearm, crimes committed in the Los Ríos Region.
In the ruling, the Second Chamber of the highest court considered that The time he was detained in Argentina for an extradition process must be credited towards the fulfillment of the sentencefor which reason the Mapuche community member served his entire sentence last June.
“In the opinion of this Court, even if there is a discrepancy in the time of completion of the sentence of the protected person, the truth is that compliance with this sentence in national territory is possible given the extradition authorized by the Argentine Republic, which was supposed to have a specific time to serve as the balance of the sentence, as was explicitly stated in the extradition request,” the ruling stated.
The Supreme Court stated that “keeping in mind that the balance of the sentence that the protected person had to serve in accordance with It was established in the extradition sentences that it was 1 year, four months and 17 days, from this period of time the payment made by the Río Bueno Guarantee Court must be deducted.corresponding to the time that the protected person remained deprived of liberty in Argentina during the processing of the extradition, corresponding to 11 months and 5 days, which is equivalent to 341 days. Thus, the balance that the protected person has left to fulfill is 5 months and 12 days, which corresponds to 162 days.”
“Taking into account that the convicted person returned to serve the remainder of his sentence on January 4, 2024, the sentence was served on June 14, 2024, Therefore, as has been reasoned, he is illegally deprived of his liberty,” the ruling concluded.
In response to this, the Supreme Court ordered the immediate release of Facundo Jones Huala, “with the remainder of the sentence he is serving deemed to have been served.”