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The former commissioner stated that Minister Rivas accused him of serious deficiencies in police ethics and criminal law, obstruction of the investigation, persecution of IDP, inexcusable negligence, arrogance and acts out of control.
The Concepción Court of Appeals declared inadmissible the complaint of serious insult to the advertisement presented by the former PDI Commissioner Héctor Arenas Díaz against Minister Carola Rivas, an instructor of the Matute Johns affair.
In a unanimous decision, the fourth chamber of the court of appeal – composed of ministers Juan Villa, Matilde Esquerré and Camilo Álvarez – dismissed the action deduced, after ruling out that Minister Rivas did statements that would undermine the honor of the former detective, in the context of the talks he gave last March, in which he explained the progress of the investigation that & # 39; 39 he made in the so-called Matute case.
According to the decision, "for the crime of insult exists a sine qua non condition that exists in the active subject the intention to dishonor, discredit or denigrate the recipient of his action, that does not happen to be accredited in the proceedings, considering that it has not been established or a particular animosity of the defendant against the plaintiff who could account for that spirit. " [19659003] The notice adds that the comments of Minister Rivas issued them in his capacity as investigator of the case because of the death of Jorge Matute Johns, and "were intended to express their critical opinion on the investigation in that case, in which the plaintiff was also in charge of him. "
In any case, the judges admit that the minister could use other means to make his criticism, but "it is a generalized situation at the present time, which s & # 39; 39; expresses on a topic in a manner that does not admit of limitations and which, therefore, does Therefore, he concludes that "although the statements of the capitulated official badyzed decontextualized appear inadequate to refer to the plaintiff's police action, is not warned, as already said, of the desire to insult or dishonor, to emanate from the official charged with 39, a public interest investigation that badists with press interviews to respect a duty of information, without any intention of insulting, but with the aim of making known the lines of research carried out during all these years, by formulating a criticism of them. "
June 29 Presenting the complaint, the former Commissioner Arenas declared that she accused me of having acted with pride, to have violated rights, to have acted without control . He did so in statements that he gave to various media on March 27, 28 and 29. Even in the judicial way. "
The former commissioner stated that Minister Rivas has accused him of serious deficiencies in the ethics of police and criminal law, hindering the investigation, persecution of IDP officials, inexcusable negligence, arrogance and out of control actions
PURANOTICIA / ATON
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