Los Lagos Court Acknowledges Impact on Julia Chuñil’s Family but Denies Return of Their Home in Huichaco

Original article: Los Lagos: Juzgado de Garantía reconoce afectación a familia de Julia Chuñil pero se niega a devolver su vivienda en Huichaco

On Friday, September 25, a remote hearing regarding the protection of rights took place in the case of Julia Chuñil, specifically addressing the situation of the family home. The session was held at the Los Lagos Guarantee Court (case RIT O-1849-2024 / RUC 2401369250-1) and included the presence of the three defendants involved in the case.

During the hearing, the defense and representatives for the occupants of the residence at Site No. 1 in Huichaco requested the physical return of the family home, which remains closed and under continuous police guard, leading to progressive deterioration of the infrastructure due to abandonment and the forced eviction of its residents.

In his verbal resolution, the Judge of Guarantees acknowledged and explicitly stated that there are real impacts on the family.

However, he refused to order the return of the property, adhering to a strictly formalistic criterion. He argued that these consequences did not constitute «impacts on the procedural rights of the accused» nor was there evidence in the hearing of «serious neglect» of the children in accordance with Article 10 of the Criminal Procedure Code.

The defense argued that this decision overlooks human rights doctrine that empowers the Judge of Guarantees to protect the fundamental rights of third parties affected by criminal prosecution, especially concerning the housing and stability of children.

«One of the most critical points raised during the session is that the Public Prosecutor’s Office lacks material search efforts or active excavations on the property. The only actions that the Prosecutor’s Office invoked as pending are precisely the same laboratory examinations that have been pending since January 16, 2026, when the bone remains were fixed and collected,» the family’s lawyers warned.

«The remaining actions pertain to mere theoretical reconfigurations and reconstructions of the prosecution’s cabinet hypothesis,» added the defense, emphasizing that, therefore, «it is disproportionate and unjustified to keep a complete residential home closed to ‘wait’ for results of genetic or criminodynamic analyses that are being conducted in laboratories outside the region.»

Finally, the family’s lawyers reported that this hearing was held «preventing the attendance of human rights observers, who seek to verify that all participants’ rights are respected, not allowing participation from Fundación Escazú Ahora and Global Witness.»