The opposition in Chile doubles the offensive against Gabriel Boric for 13 controversial thanks

The grant of 13 thanks controversial and a subsequent crossover with the Supreme Court of Justice has put President Gabriel Boric in the crosshairs of strong criticism from the conservative opposition, which will stop negotiating a security deal eagerly awaited by the population with the ruling party.

It also analyzes the filing of a constitutional reform request to eliminate the presidential pardon power, a tradition in the country.

The problems started just before the end of the year as the president tried to comply an election promise and released the so-called “prisoners of the uprising”, a group of 12 convicted of crimes during the 2019 social epidemic, together with Jorge Mateluna, a former militant of a guerrilla group who fought the Pinochet dictatorship and was convicted of l bank robbery in 2013.

Since the president could not obtain the votes of Congress to grant them an amnesty, he opted for the application of the pardon, which is a presidential power recognized by the Constitution.

All Chilean presidents since the return of democracy in 1990 have made use of that power, and have added more than 1,600 pardons over the past 30 years.

But this time the executive was targeted for a series of subsequent episodes. The 12 pardoned had been convicted of, among other crimes, manslaughter, arson, port and incendiary bombing, and looting.

The center-left president, a former student leader who actively participated in the 2019 demonstrations, said that the 12 pardoned are not criminals and with regard to Mateluna’s conviction, he maintained that in the trial “there were irregularities and an evaluation of the evidence that was available.” the height of justice.”

Indignation in the Supreme Court

Boric’s expressions irritated the Supreme Court which, after an extraordinary meeting of its plenary session, recalled in a statement that the Constitution provides that “the courts of justice have the power to judge civil and criminal cases, resolve them and enforce the judge yourself”. Neither the president nor Congress may “under any circumstances exercise judicial functions … review the basis or content of their resolutions,” the statement read.

Boric, in a statement later read to Government House, replied that he “fully shares the appeal” made by that court on the separation of state powers.

“It would be bad news as a country if, as president of the republic, you started a dispute with the judiciary, as unfortunately has become customary in other countries,” he said.

“With this statement, I hope to resolve this controversy by clarifying that each state power has a legal and constitutional duty to respect the powers of the other and that is what we are doing today,” concluded the president.

opponent’s slam

Pardons also brought opposition to withdraw from the negotiating table for a cross-party political agreement on security at a time when fear of crime is a major concern of Chileans.

The controversy, together with the opposition’s offensive, was fueled by miscommunication by the government, which initially reported that 11 were pardoned, after which it was learned that there were actually 13.

The error added up to an error by Boric himself, when he defended his power as Head of State to grant prison benefits: he said that law 19.050 is the one that grants him that power, when in reality it is law 18.050, which it was also rectified with a press release.

The reactions of the opposition were not long in coming. Senator Javier Macaya, president of the conservative independent democratic union, urged Boric to “be cautious since” the independence of powers is an “essential issue” in the functioning of democracy”.

Diego Schalper, general secretary of the centre-right National Renewal party, said no one would understand the opposition’s participation at a security negotiating table while Boric “gives” irregular pardons to criminals. Similarly, opposition group spokesmen revealed that a constitutional charge against Justice Minister Marcela Ríos is under consideration.

For its part, the western metropolitan prosecutor’s office, responsible for the Mateluna case, has released a statement in which it states that the man is being investigated for robbery with intimidation, manslaughter of active police officers, carrying and possession of weapons of war and a common firearm.

He added that Mateluna was arrested in flagrante delicto -committing the crime- and that the investigation “has demonstrated his participation as author in them”. The sentence was confirmed by the Supreme Court.

The opposition withdrew from talks with the government over a security deal when, according to police data, violent crimes in 2022 rose 43% from 2021 while violent vehicle thefts rose 98%.

Source: agencies