Original article: Pinochetismo sin fuero: tribunal deja en nada el recurso de reos de Punta Peuco para impedir ingreso de presos comunes
This Tuesday, the Santiago Appeals Court closed the door on an attempt by a group of inmates from the former Punta Peuco prison—now known as the Tiltil Penitentiary Center—to maintain it as an exclusive facility.
In a ruling signed by judges Iara Barrios and Rodrigo Carrasco, along with associate lawyer Luis Hernández, the court declared inadmissible the protective action that the inmates, represented by attorney Raúl Meza, sought to prevent the conversion of the facility and the admission of those convicted of common crimes.
Why Did the Court Declare the Appeal Inadmissible?
The ruling is unequivocal: “This appeal does not meet the requirements for admittance, as it exceeds the nature of the protective action attempted, seeking to evaluate the actions of another branch of government in the exercise of the aforementioned legal powers”, states the resolution according to La Tercera.
In this context, the court reiterates the purpose of the constitutional mechanism: “The protective action aims to restore the rule of law when it has been violated by arbitrary or illegal acts or omissions that threaten, disturb, or deprive the legitimate exercise of any of the guarantees explicitly listed in Article 20 of the Constitution, without affecting other legal actions”, an assertion that—according to the court—does not apply here.
Conversion of the Prison: Executive Powers
According to the resolution, the decision to transform the facility derives from the authorities of the President of the Republic, based on specific legislation from the Justice and Gendarmerie sectors. In particular, Article 2 (o) of DFL No. 3 of 2016 from the Ministry of Justice and Article 16 of DL No. 2,859 of 1979 (Organic Law of Gendarmerie of Chile) provide the legal framework for adjustments in infrastructure and penitentiary management.
Meza’s Maneuver
Despite the inadmissibility, the defense team for the inmates—led by Raúl Meza—filed a motion for reconsideration requesting that the court revisit its position. Practically speaking, the inadmissibility ruling continues the process of transforming the former Punta Peuco and clears the way for CCP Tiltil to accommodate common penal population, aligning with the executive’s penitentiary policy.
Abolishing Pinochetist Privileges
Ultimately, the court determines that the prison administration is not a privilege of Pinochetism: the Executive can reorganize facilities based on public policy criteria, and the conversion of the former Punta Peuco effectively removes privileges rooted in the dictatorship.
