“They judge me for our transformative management”: Daniel Jadue

Judge Paulina Moya sent the mayor of Recoleta to preventive detention for considering him a person who “is dangerous for the security of society.” “We will appeal against this disproportionate measure!” indicated the communal chief. Ramón Sepúlveda, Jadue’s defense lawyer, stated that “this resolution is completely unfair, disproportionate, but also lacks clear antecedents regarding the crimes that have been attributed to the mayor of Recoleta.” Meanwhile, the general secretary of the Communist Party, Bárbara Figueroa, maintained that “the precautionary measure against comrade Daniel Jadue is regrettable and disproportionate.” The complete declaration of the Communist Party.

“The century”. Santiago. 3/6/2024. “They judge me for our transformative management. There isn’t a single peso in my pocket, but they give me the utmost caution. “We will appeal to this disproportionate measure!” This is how the mayor of Recoleta, Daniel Jadue, reacted to Judge Paulina Moya’s decision to send him to preventive detention for considering him a person who “is dangerous for the security of society.”

After that, Jadue was transferred, handcuffed and in a Gendarmerie vehicle, to the Captain Yáber Penitentiary Annex. During the appearance at the Justice Center and upon arriving at the place of confinement, the mayor had the support of Communist Party militants and citizens who attended those places.

Ramón Sepúlveda, defense lawyer for Daniel Jadue, announced that an appeal will be filed to reverse the preventive detention. He indicated that “we totally disagree with the resolution pronounced by the Court. We believe that crimes for which we have evidently and with documentation have discredited the accusations are considered proven.

The lawyer stated that “this resolution is completely unfair, disproportionate, but also lacks clear antecedents regarding the crimes that have been attributed to the mayor of Recoleta.”

Sepúlveda expressed that “the Court has taken a position of accepting facts without precedent and that is very serious, because although this can be discussed in an oral trial, it must necessarily exist – in a resolution that decrees a precautionary measure like this one – clear antecedents regarding the participation and regarding the existence of the crimes that we believe in this case do not exist.”

Judge Paulina Moya issued the preventive detention order against the communal chief and against José Matías Muñoz, former executive secretary of the Chilean Association of Popular Pharmacies (Achifarp), and decreed 120 days of investigation. The mayor is accused of alleged crimes of bribery, treasury fraud, fraud and unfair administration within the framework of the investigation into the administration of Achifarp. The judge accepted the request of the North Central Metropolitan Prosecutor’s Office. Paulina Moya indicated that “the risk that her (Jadue’s) permanence in office generates for the assets of the commune cannot be ignored, understanding that this could even constitute a danger of repetition.”

She indicated that “before beginning to analyze the material elements of the crime, this judge wishes to expressly warn that, in accordance with the principle of impartiality that governs the jurisdictional function. This Court does not take into account affiliations or political ideologies to make its decision. This implies that no one should receive preferential treatment and that judicial decisions should be based solely on the facts of the case, the background provided and the applicable laws, without considering extra-legal factors.

Daniel Jadue’s lawyer, Ramón Sepúlveda, said that regarding the measure, the mayor “is calm, it was one of the scenarios that could occur.” He stated that it is hoped that “this precautionary measure can be changed and revoked in the short term.”

“The precautionary measure against comrade Daniel Jadue is regrettable and disproportionate”

The president of the Communist Party (PC), Lautaro Carmona, declared that “it is not the precautionary measure that I expected” and that “we must continue with the process in the next stage, which is to appeal to this definition of precautionary, that is done before the Court of Appeals.”

Carmona indicated that “the judge has arguments that she gave, I have another view, but the view that I have is not valid, as long as the arguments are not made against the appeal.” “I would not want to get into the substance of the point because I would be taking a position in a legal debate and I have a lot of confidence in the legal debate that is going to take place and in this case the presentation before the Court of Appeals,” said the communist leader.

The president of the community of which Daniel Jadue is leader, specified that it cannot be speculated that the PC wants to bypass the Judiciary.

Bárbara Figueroa, general secretary of the Communist Party, posted on social networks that “the precautionary measure against comrade Daniel Jadue is regrettable and disproportionate, and we believe that it should be appealed. As PC we respect the Courts of Justice and we hope that this public stage of the investigation and trial ends by proving Daniel’s innocence.”

Meanwhile, the PC deputy, Carmen Hertz, pointed out that it is “absolute nonsense to decree preventive detention for Jadue. “Political persecution and harassment are evident.” The legislator of the same community, Lorena Pizarro, maintained that “a political persecution that has been going on for quite some time is unleashed, particularly orchestrated from the extreme right. Its objective fundamentally has to do with stopping what the work that Daniel Jadue has developed in Recoleta means.” Matías Ramírez, PC deputy, expressed that “the political persecution is evident against Daniel Jadue. There is no element that justifies a precautionary measure from this entity. What lies behind it is an anti-communism to popular policies that made it possible to highlight the inequalities of the model.”

“It is justice and the courts that end with the last word”: Camila Vallejo

The Minister Spokesperson for the Government, Camila Vallejo, in response to the preventive detention ordered against the mayor of Recoleta, stated that “we as the Government are carrying out an institutional task, therefore, it also respects the autonomy of that Judicial Branch.”

He emphasized that “it is justice and the courts that end with the last word and that is what we respect, as well as the work of the persecuting entities.”

Given this situation, Mayor Daniel Jadue must be substituted in accordance with the Organic Law of Municipalities, which implies that the substitute must be chosen by the Municipal Council.

In the Council, of the eight councilors, five are members of the Communist Party (Fares Jadue, Natalia Cuevas, Karen Garrido, Joceline Parra and Cristian Weibel) and it is presumed that one of them will replace Jadue.

Declaration of the Central Committee in support of colleague Daniel Jadue

The Central Committee of the Communist Party of Chile, meeting at its XX Plenary Session on Saturday, June 1, agreed to provide its broadest support and backing to comrade Daniel Jadue, Mayor of Recoleta, who these days faced a formalization hearing for the case of the association of popular pharmacies.

We appreciate the multiple expressions of solidarity that our colleague has received, both in Chile and abroad; demonstrations that, along with highlighting his political, public and municipal management, have presented clear arguments regarding the accusations against him.

The management in the commune of Recoleta is recognized, first of all, by its own inhabitants, but also at the national and international level. Commune that is emerging as one of the communities with the greatest citizen participation, at the political, cultural and sports level, placing special emphasis on advances in the educational system, through projects such as the open university, popular libraries, fairs of the social book and others.

With the same conviction and respect that we have for the rule of law, the institutions and the judicial power of our country, we hope that the evidence and arguments presented by our colleague’s defense will be considered by those who have the responsibility of executing the law. .

As the Central Committee of the Communist Party of Chile, and in absolute respect of what was defined this Monday, and of the investigation process that was decreed after the formalization, we believe the precautionary measure of preventive detention is disproportionate, because we are assisted by the political conviction of innocence from our colleague Daniel Jadue, whom we will continue to accompany in this process, as guaranteed by the principle of innocence in our criminal system.

Just as we are respectful of our Rule of Law and the pronouncement of the Judiciary in this case, we defend the legitimate right to show solidarity with our colleague. We reiterate our commitment to continue supporting initiatives that promote social justice and the well-being of citizens.

We will continue working with the force of truth to build a better future for our people, always within the framework of respect for institutions and current legality.

Communist Party of Chile

June 3, 2024