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this San Diego Court of Appeal Dismissal of the protection appeal filed by lawyer Mario Vargas against the National Defense Council (CDE) and the Public Ministry To prevent others from accessing the messages he exchanged with his lawyer Luis Hermosilla and the messages recorded on the mobile phone confiscated from the latter.
In this context, Vargas said he and Hermosilla have been in dialogue for years, with various topics. “It has nothing to do with the facts of the investigation but is an insertion into my private sphere.”
“Extracting all conversations without time limits or citing facts from the initial investigation would have very serious consequences for the statute of guarantees that the Constitution provides to everyone,” Vargas said.
The Seventh Branch of the Santiago Court of Appeal, chaired by Juan Cristóbal Meira Muñoz and composed of Minister Maria Loreto Gutiérrez Alvear and member lawyer Paula Herrera Fuensalida, dismissed the action, with Judge Gutiérrez voting against it.
In his resolution, the magistrate said the Court of Appeal could not control an investigation conducted autonomously by the prosecutor’s office.
Likewise, it refers to the public sector “A judicial authorization has been obtained to seize Mr. Hermosilla’s mobile phone and ‘wipe’ its contents, but to date, the contents of the transcript have not been disclosed.”
The legal action, dismissed by the court of the capital, was carried out within the framework of the investigation of the so-called Audios case, also known as the leak case, which included the analysis of the conversations of Luis Hermosilla, which produced a report of more than 770,000 pages of WhatsApp message logs.
The investigation formally convicted Sergio Muñoz, the former director of the PDI, of participating in acts that constituted a crime, according to chat logs on Hermosilla’s cell phone.
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