Lawmakers from the Frente Amplio (FA) party have filed a formal request with the Comptroller General of the Republic to review the legality of a new directive from the Ministry of Justice and Human Rights. The instruction reportedly restricts the ability of government lawyers to intervene in judicial processes related to the fulfillment of sentences for crimes against humanity, according to reporting from BioBioChile.
The legal challenge seeks to determine if the Ministry's internal instructions exceed its legal authority or violate the constitutional principle of legality. The parliamentary request asks the Comptroller to decide if the administration can use internal mandates to limit the judicial representation functions established by law.
Deputy Javiera Morales, a member of the Human Rights Commission, criticized the Ministry's stance, according to BioBioChile. “It is worrying that this government believes the Ministry of Justice functions as a law firm for its friends in Punta Peuco,” Morales said.
Morales argued that the Ministry’s legal mandate is to defend and guarantee human rights rather than act as counsel for those convicted of crimes against humanity. The directive has specifically limited the role of the Human Rights program regarding appeals for prison benefits sought by convicted individuals.
Deputy Roberto Celedón, also of the Human Rights Commission, warned that the instruction creates legal confusion, BioBioChile reported. He noted that the order prevents legal resources from being used in cases involving elderly or mentally ill inmates, such as a 95-year-old prisoner, suggesting the move might be an attempt to bypass the President's previously announced plans for pardons.
Legislative friction over 'Miscellaneous Law' reform
While the human rights dispute unfolds, the Chilean Congress is also facing a high-stakes debate over the government's 'Miscellaneous Law' reform. The bill, which aims to stimulate investment and employment, faces an uncertain path due to its accelerated legislative timeline, according to El Mostrador.
Leonardo Jofré, a lawyer for the Frente Amplio, criticized the government for imposing urgency on the bill, which limits the discussion period to just 15 days per chamber. Jofré argued that the project contains deeply conflictive elements, such as reducing the corporate tax rate from 27% to 23% and ending tax exemptions on the first home for residents over 65.
“It does not seem coherent to seek a spirit of consensus in a discussion with such political depth when urgency is applied with a discussion capacity of 15 days per chamber,” Jofré told El Mostrador.
However, Catalina Riquelme, a researcher at the Instituto Libertad, defended the reform's objectives, noting that the project seeks to boost SMEs and investment. Riquelme cautioned against the opposition's use of slogans that portray the bill as favoring the wealthy, suggesting that the 200-page document requires thorough study within the legislative commissions.
“The government is going to want to carry out its political project, but we also have to understand that for that, the separation of powers of the State exists and the debate has to take place in Congress,” Riquelme stated, according to El Mostrador.
