Simplest 5 days handed for the reason that Colombian drug trafficker and soldier of “Los Gallegos”, Junior Suárez Hernández, was once notified of the opposite sentence of four years of in depth probation, in order that he may take his issues and flee the rustic. The drug trafficker, who entered Chile illegally, now legally deserted it on the Arturo Merino Benítez airport, in spite of having lately been convicted.
The foreigner, who was once devoted to accumulating medicine within the Cerro Chuño the city for this legal gang in 2022, was once sentenced for the crime of illicit drug trafficking, in an abbreviated and confidential trial that came about on January 15, the place the The Public Ministry agreed with the defendant’s protection to split him from the 44 defendants contained within the authentic case, in addition to 5 different co-defendants. On this approach, Suárez was once ready to visit a short lived trial and get entry to a lesser sentence, for the reason that the next had been identified as mitigating elements: no longer having a legal document and his collaboration with the investigation.
To go away Chile, the Colombian didn’t use the similar unauthorized step that he used when getting into. This time he did it throughout the large door: the Arturo Merino Benítez Global Airport. His break out was once with suitcases and the entirety via that compound, passing throughout the Global Police, with out arousing any suspicion, in spite of being lately convicted.
Receive advantages and prerequisites
Surprisingly, in spite of understanding that the accused had entered via an unlawful passage, that he lived in a agreement and that he had handiest declared the cope with of the Public Legal Protection Workplace, the Ensure Pass judgement on of Arica, Paulina Zúñiga, dominated that he be sentenced to 4 years in jail for illicit trafficking of narcotics and that the substitution of the sentence be carried out, this is, that as a substitute of going to prison, he would serve it. underneath the extensive probation gadget. This modality is pondered in Legislation No. 18,216, which establishes consequences that it signifies as substitutes for the ones depriving or proscribing freedom.
The rules in its article 14 outline extensive supervised liberate as “the subjection of the convicted individual to compliance with a program of actions geared toward his social reintegration within the private, group and paintings surroundings, via an individualized intervention and underneath the appliance of sure particular stipulations.”
As well as, Pass judgement on Zúñiga imposed stipulations on him that he will have to deal with touch with a consultant of the Chilean Gendarmerie, deal with a house and perform a industry or task. And he or she additionally established the duty to conform to coaching, paintings, and cultural methods comparable “to the damaging results of gear on public well being.”
As soon as he left the L. a. Serena jail, the town the place he were transferred from Arica for safety causes, the Colombian needed to report back to the Social Reintegration Heart (CRS) of the Chilean Gendarmerie in Arica. There he would obtain an intervention plan that he must conscientiously conform to, with the intention to save you his take pleasure in being revoked.
In spite of being warned of this situation, on January 15, the day the sentence was once learn within the abbreviated trial, Suárez did not conform to it and not seemed on the CRS. His absence was once reported by way of the Chilean Gendarmerie on April 8. Two days later, the Ensure Pass judgement on, Paulina Zúñiga, the similar person who had granted him his freedom, issued an arrest warrant for non-compliance.
Airport break out
It was once the Investigative Police (PDI) the establishment that in any case found out the cause of Suárez’s absence. Within the police file issued to the Ensure Courtroom on Might 3, in compliance with the arrest order issued by way of the Justice of the Peace, it was once showed that the convicted individual was once not in Chile.
The report leaves indisputably about his flight to Colombia, declaring that on Might 2 “consultations had been made with the Nationwide Headquarters of Migration and Global Police, the place it was once reported that the asked individual maintains as his remaining document: a departure from the nationwide territory by way of the Complex Arturo Merino Benítez Airport, by way of air, dated 20.JAN.024, destined for Colombia.”
That very same day, the PDI visited the house that the convicted individual had passed over to the courtroom, to turn out his roots. The civil police showed that the cope with positioned at 228 Patricio Lynch Side road corresponded “to one of the crucial workplaces of the Public Legal Defender’s Workplace of this commune, because of this, the officials in query published the cause of the police presence on the website online to the group of workers. of that place of business, with the intention to conform to the necessities of that Ensure Courtroom.”
On this approach, Suárez’s null aim to conform to the sentence was once published, by way of offering an cope with that didn’t correspond to a non-public cope with and that – on the judicial degree – was once recognized to correspond to an place of business of the Public Legal Defender’s Workplace, within the center of the town. from Arica.
With the flight of the foreigner, the pass judgement on’s foundation for granting extensive supervised liberate was once often known as into query, when validating the social file of the professional of the Public Legal Defender’s Workplace, Ximena Barrios.
Within the ruling, the pass judgement on mentioned that “in step with the social reviews already referred to, which display that within the case that calls us, the assumptions of article 14 et seq. of Legislation 18,216 are happy in regards to the private background. , social, members of the family of the ones sentenced, which display a deep roots on this nation.”
After which, to reaffirm his determination, he indicated that “with regards to Suárez Hernández, despite the fact that it’s fresh, actually that there’s a beef up community that permits us to are expecting that the opposite sentence shall be appropriate for the success of the goals of the sorrow”.
Referring to Suárez’s break out and the veracity of the social file that supported his roots, the Public Legal Defender’s Workplace expressed to The counter that “we can’t supply main points of those, because of our legal responsibility of confidentiality within the processing of confidential knowledge of the folk we constitute, knowledge this is in a different way safe underneath the pro secrecy that governs the client-lawyer courting. With out prejudice to the foregoing, we indicate that the entire respective arguments had been offered within the required listening to, the content material of which was once declared confidential by way of the ensure courtroom, its wisdom being authorised handiest to these concerned within the case.
In regards to the identical, this medium asked a model from the regional communications place of business of the Judiciary, however there was once no reaction.
Inner adverse
The verdict of the ensure pass judgement on to acknowledge Suárez’s roots didn’t please the Ministry of the Inner, which acts as a plaintiff within the “Los Gallegos” case. The Inner Ministry filed an attraction in opposition to the sentence, with out the beef up of the Public Ministry.
When difficult it, he argued that it was once inadmissible to grant the convenience to Suárez, because it contravened present regulation. “On this sense, we will have to take into account that supervised liberate, in addition to different selection consequences, are meant to advertise the social reintegration of the convicted individual. For those functions, it’s established, amongst different stipulations, to determine an cope with to be topic to the regulate of the CRS. Alternatively, the convicted Suárez Hernández, in step with the background contained within the investigation, is in an abnormal immigration scenario,” he mentioned.
And he added that with the granting of in depth supervised freedom “the abnormal foreigner can be not directly regularized since he can be obliged to stay within the nationwide territory, setting up a home, for a definite time period, which might be in contravention of the particular provisions.” that govern the subject, particularly, Legislation No. 21,325, which establishes a sequence of necessities to regularize the keep within the nationwide territory of foreigners, any such being that there’s no access into the rustic via unauthorized passage and, however, phase, with the provisions of article 50 of Decree 296, which approves the rules of the aforementioned Legislation 21,325.”
The problem was once no longer echoed within the Arica Courtroom of Appeals. On March 5, the Chamber made up of the present president of the attraction courtroom, Juana Ríos, in conjunction with the ministers María Verónica Quiroz and Marco Flores, rejected the attraction.
Within the ruling, the ministers unanimously expressed that “this courtroom will reject the problem of the complaining birthday celebration, by way of no longer noticing the illegality denounced, as a result of it’s obviously learn within the transcript of the sentence, that on the time of debating the granting of mentioned individual from the bogus sentence of in depth supervised liberate, each the Public Prosecutor’s Workplace and the complainant herself left such determination to the discretion of the courtroom, which in response to the background contained within the integrated social file, thought to be established the necessities demanded by way of articles 14 and following Legislation 18,216”.
Junior, the soldier
The Colombian Junior Suárez was once arrested within the mega-operation led by way of the Public Ministry, in conjunction with the PDI, on June 16, 2022 in opposition to “Los Gallegos”, a possibility through which 23 homes within the Cerro Chuño inhabitants had been raided. On that instance, 17 other folks had been arrested and ammunition and guns, roughly 37 pounds of gear and a male frame had been discovered.buried close by.
In a precarious house, the topic was once apprehended at the side of the Dominican Fernando Marínez, in the middle of a large number of damaged home equipment introduced from the municipal landfill positioned a couple of kilometers away.
In step with the accusation offered, inside of the house, an oblong bundle with 467.98 grams of marijuana, whose purity was once 100%, was once discovered underneath a fridge. Because of this discovery, the Prosecutor’s Workplace charged them with the crime of illicit drug trafficking, setting up that each had been devoted to the choice of medicine, which have been therefore advertised by way of the “Los Gallegos” gang.
Right through his keep in L. a. Serena jail, Suárez was once punished two times by way of the Chilean Gendarmerie. In November 2022, he was once stuck hiking to the roof of the detention module and in September 2023, they discovered six enchanted bladed guns in his cellular, in addition to 14 items of paper with phone numbers and 20 sheets concerning the Arica Prosecutor’s Workplace.
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