How is the situation of the Chilean accused of homicide who escaped from Malaysia



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Felipe Osiadacz escaped last week from the country where he was being prosecuted. He is now talking about what his future might be in Chile.

The young Chilean Felipe Osiadacz became known in August 2017 because, along with his partner Fernando Candia, he was accused of homicide and
he was about to be hanged in Malaysia. The two boys escaped this guilt by declaring themselves guilty, but after spending 16 months in a prison in Kuala Lumpur – the Malian capital – they were still on probation and parole in that country.

The problem is that Osiadacz has returned to global news portals this week knowing that even in violation of Malaysia's laws,
He escaped from this country and arrived in Chile last Friday morning. From now on, various jurists and Chilean officials think about the judicial future of the young man who, although he violated his parole in the country where he was condemned, knows no legal conflict in his own country.

The 27-year-old Chilean accompanied by his occasional travel companion
They had been convicted for a transvestite at the reception of the hostel where they were staying – a homicide considered an accident – had escaped from the Malacca Peninsula, apparently through a robbery. from Indonesia or Singapore and bound for Belgium.

Although the details of his departure are still subject, it is believed that the young man had the habit of leaving his Chilean pbadport of Malaysia, which could not be disputed because Osiadacz had entered this country with his Spanish pbadport.

The young man was able to take advantage of his dual nationality and, from Belgium, he took a flight from Iberia who dropped him off at the Pudahuel airport, in Santiago de Chile, at 7 30 hrs Friday morning. This arrival was confirmed a few hours later by a press release from the Ministry of Foreign Affairs of Chile.

The future of Osiadacz

Although the Chilean Ministry of Foreign Affairs acknowledged in its communiqué that it maintained "absolute respect for the decisions of the Malaysian courts," he also stated that "Mr. Osiadacz is a Chilean citizen and that, by therefore, the Constitution and international law his right to enter his country, considering that at the time of his admission, no arrest warrant was pending in Chile nor of international nature . "

In statements to the trans-Andean environment
The third expert in international law, Francisco Leturia, said that if Osiadacz entered Chile with his papers to be able to do it "correctly, escaping badly would be a crime that would not correspond to an investigation or persecution against Chile" .

In turn, the constitutionalist academic of the University Diego Portales in Chile told the same media: "Chile does not extradite people to countries that apply the death penalty." He also added that the Chilean who stayed in Malaysia "does not answer for what he does or stops doing somebody else".

Samuel Fernandez, another international law scholar, said "very difficult" that Malaysia is seeking the extradition of the young man for breaking up rooting. They consider that in general this request "is usually made for major crimes".

As things stand, the future of young Osiadacz seems to continue in Chile, because he would not run the risk of being extradited to Malaysia, according to specialists. The situation of his partner Fernando Candia seems more uncertain. In principle, you must stay in the Asian country at least until the end of your treatment and, with it, your parole.

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