Public Defense Accuses Minister Steinert of Illegally Utilizing State Security Law in Lincolao Case: Amparo Filed

Original article: Defensoría Penal Pública acusa a Steinert de usar ilegalmente la Ley de Seguridad del Estado en «Caso Lincolao»: Presentaron recurso de amparo

The Public Defense (DPP) has filed an amparo lawsuit accusing Security Minister Trinidad Steinert of illegally applying the State Security Law by requesting an extension of the complaint against those charged with the assault on Science Minister Ximena Lincolao without having the legal authority to do so.

According to reports from national media outlets like La Tercera and Mega TV, this legal action was presented to the Court of Appeals in Valdivia and questions not only the substantive decision but also the procedure by which the court handled the extension.

In this context, the DPP highlighted irregularities that, according to their lawyers, «ended up affecting the right to defense and endangering the personal liberty of the accused.»

«The most critical aspect of the lawsuit focuses on the extension of the complaint filed on April 22 by the Ministry of Public Security, which included a crime defined under the State Security Law. The defense contends that this power does not belong to that ministry,» the report from Mega stated.

The argument supporting this claim, as noted by the TV station, is found in the current legislation, which reserves the exclusive authority for filing complaints regarding offenses defined under the State Security Law to the Ministry of the Interior, particularly citing Article 26 of Law 12,927, along with subsequent regulations that defined the competencies following the establishment of the Ministry of Security.

«Two Negligences in the Same Case»

Upon hearing the news, Deputy Juan Santana (PS) announced that he would send letters to the Ministry of Security to explain the legal basis for their actions and to the Comptroller’s Office to obtain clarification on whether powers were exercised that did not belong to them.

«Public safety cannot be managed by trial and error. First, the judge told the Ministry of Security that their ‘kidnapping’ thesis was science fiction. Now the Public Defense accuses Minister Steinert of illegally invoking the State Security Law. Two negligent acts in the same case,» criticized the parliamentarian.

We will continue to provide updates.