“The judiciary is a power intervened by partisan politics”: Hugo Gutiérrez

The lawyer indicated in an interview that “we do not have the Judicial Power that the country requires, but rather the result of ‘pituteo’”. He affirmed that “influence peddling and a judicial binomialism have ended up completely discrediting our highest courts”. In the face of the controversy over human rights violations during the 2019 social protest, the former deputy pointed out that they were systematic and widespread and declared that “today we are witnessing a clean-up of the image of Piñera and his Government, it is required that they not be left with the ‘stigma’ of violators of human rights”. Gutiérrez spoke of the group of lawyers working on the defense of Mayor Daniel Jadue to achieve his freedom and expressed that the leader “is going to put himself at the head of the popular movement” in anti-neoliberal battles.

Hugo Guzman. Journalist. “The Century”. Santiago. 6/29/2024. How do you see the atmosphere in the Judiciary with the WhatsApp cases, knowledge of influence peddling, the Hermosilla Case, the Supreme Court convening the ethics committee?

The Chilean judiciary is a power that is affected by politics, and in particular by partisan politics. Its higher structures are the product of political quotas or the government in power. The current environment, mainly the Supreme Court, is very much determined by something whose dimensions are still unknown, such as the chats by lawyer Luis Hermosilla. Many ministers are putting the patch before the wound in the event of being mentioned. The one who has well translated the problem of the influences exercised by those who have political power is the minister (María Teresa) Letelier, who maintained that it was necessary to be sincere and recognize that no one has been elected to their positions “by the work of the Holy Spirit.” She makes a serious but honest confession, no one reaches the Supreme Court by merit but by “pituto.” We do not have the Judicial Power that the country requires, but rather the result of “pituteo.”

Can we speak of a discredit, of a turning point in the Judiciary?

The problem with the Chilean judiciary is that it has always been docile to the powers in power, behaving more like a kind of public service. But in recent times, one of the relevant reasons that explains the discredit of the judiciary is in a public policy implemented during the Government of (Sebastián) Piñera by his Minister of Justice, Hernán Larraín, who maintained an alleged over-ideologization of the judiciary, due to the existence of “leftist judges.” There arose a state policy that ostensibly undermined the judiciary and mainly its highest courts, the Supreme Court and the Courts of Appeal. A persecution of that supposed leftist judge was generated and right-wing judges were installed. These turned out to be of high mediocrity, ruining entire Courts of Appeal. Between this public policy, influence peddling and a judicial binomialism, our highest courts have ended up being completely discredited.

Should we move towards a broader reform of the judiciary, beyond the mechanism for electing judges and prosecutors?

I think that progress must be made in ensuring that judges have greater internal and external independence. In this sense, it must be acknowledged that the two conventional processes had the clarity to modify the way judges are appointed, and for this purpose they created the “Council of Justice” (Constituent Convention, 2022), and an autonomous body for the appointment of judges (Constitutional Council, 2023). All of this, with the aim of ensuring their internal and external independence. It seems to me that something in the training of judges is failing, because there is no doubt that they are more technically prepared, but I have my doubts about their ethical and value-based preparation, because they continue to act with a lot of prejudice, and impart what is known as class justice.

What do you think about this controversy over whether or not there were systematic human rights violations in 2019?

There were indeed human rights violations in Chile during the social uprising. These human rights violations were committed throughout the country and consisted of illegal and arbitrary arrests, torture in police stations, harassment of inmates, indiscriminate shooting with shotguns, which in many cases resulted in eye trauma, and even alleged homicides. So, there is no doubt that these violations were widespread. The point of discussion is whether all these human rights violations that we have described responded to a State policy. And there is no doubt that when Piñera declares war on this powerful enemy, it is not an unjust declaration of war, it is obvious that there is the germ of a decision to contain social protest. That is why both (Mario) Rozas and (Ricardo) Yáñez (both general directors of Carabineros) are going to be charged, because in the latter there is a continuity of the policy of the former. If it had not been systematic, there would have been no reason to involve Yáñez, but it is done because he is the continuator of the policies designed by Rozas. Both general directors responded to the direction given to them by Piñera as President of Chile.

Today we are witnessing a clean-up of the image of Piñera and his Government. It is required that they do not remain with the “stigma” of violators of human rights. For this reason, today they want to remove the systematic character or state policy of the violations of human rights that occurred during his Government. But there is no doubt that during the social outbreak there were widespread violations of human rights, and that they responded to a state policy designed by the Piñera Government. This is evidenced by the formalization of General Yáñez for more than 1,300 cases of violations of human rights that occurred during the social outbreak.

What steps are being taken in the judicial process surrounding Daniel Jadue, mayor of Recoleta?

Daniel has been charged with various crimes and has been placed in preventive detention with a 120-day investigation. The judiciary is part of a political persecution and a macabre conspiracy that seeks to remove him from the mayor’s office of Recoleta, erode his credibility and thus prevent the rise of a possible presidential candidacy or any political leadership that he represents. And this last point is because Daniel is a politician who has known how to build an anti-neoliberal policy from the territory, and that is not acceptable to the economic power.

Today we have formed a legal defense team, which in my opinion is consistent, that can immediately obtain Daniel’s provisional release and, later, his complete acquittal of the criminal charges against him. For my part, I feel very honored to share the defense with prestigious lawyers, such as Juan Carlos Manríquez and Ramón Sepúlveda, with the cooperation of the former National Prosecutor, Sabas Chahuán, and Anjuli Tostes, Daniel’s partner and a prominent lawyer in Brazil.

You have seen him, how is his mood, what is his outlook on what is coming?

I have had the great opportunity to share with Daniel during this complex and difficult time for him, where he has shown great integrity and courage. For me it has been very difficult after sharing with Daniel in the municipality in his capacity as mayor to see him deprived of his freedom today. I have no doubt that he will emerge from this imprisonment with more energy and desire to confront the perverse neoliberal model and that he will put himself at the head of the popular movement and direct it to the definitive defeat of this perverse and perverted economic rationality that is the neoliberal model.

If you could tell me about the committee that is being formed for the freedom of Daniel Jadue.

There has been a push from the citizens to organize around the freedom of the mayor of Recoleta. To this end, an initiative has been proposed that is being taken up by our people, which is to organize around Committees for the Freedom of Daniel Jadue. I believe that these committees should extend throughout all the territories of Chile to tell loud and clear to all those who were behind this brutal injustice that is the imprisonment of Daniel Jadue that they failed, that they were wrong, and that here there is a people that is organizing to have the freedom of a great leftist leader.