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this The Supreme Court accepted the amparo appeal in favor of oncologist Manuel Alvarez, thus overturning the preventive detention issued as a precautionary measure by the Third Oral Criminal Court of Santiago. Approval has been obtained from the Court of Appeal and the case is pending for the judgment against the doctor to become final and enforceable.
In accordance with this decision, preventive measures were established for the following situations: Former director of the Las Condes Clinic Oncology Center, deprived of his liberty since April 23 when a seven-year prison sentence was announced, replaced only by his ethnic roots and a ban on approaching the victim. His defence’s appeal to quash the first-instance conviction has been resolved.
The doctor’s defender claimed at the hearing that the judge who ordered the precautionary measures did not hear his arguments. Considering Alvarez poses a threat to the safety of society and his victims.
In this sense, the Supreme Court’s ruling determined that: “The court must hear the arguments of the complainant and the defence counsel of the accused who oppose preventive detention (…) and can no longer do so simply by looking at the background and the factual and legal arguments invoked by the petitioner, However, they also necessarily have an obligation to explain why the background information and defense arguments are invalid, useful, or insufficient to misrepresent the facts.”
Among other things, the Supreme Court held that “the appealed resolution does not contain an argument that Alvarez poses a danger to the victim, society or the investigation”. He added that “it lacks the anticipated basis of the most stringent precautions considered by our legal system, thus violating the right to liberty of the protected person, which is why this constitutional action must be accepted.”
Specifically, Attorney Cesar Ramos “As this ruling shows, no one may be subject to preventive detention in Chile without a well-founded judicial solution. This right applies even to those who have already been convicted, like Manuel Álvarez, as long as the decision is not final and enforceable,” it said.
“The Supreme Court has put an end to the illegal deprivation of liberty that our client has suffered for more than two months. Accept our request for protection. From the outset we have challenged the unfounded, illegal and arbitrary decision of the court to convict him and place him in preventive detention on April 23,” he added.
Susana Borzutzky, lawyer for the plaintiff of one of the victims, said that ten days after the annulment case was resolved, “a convicted person was released, making it easier for him to escape. What more can you ask of an impartial court that sentences him as a danger to society? He is a person convicted of the crime of sexually abusing a cancer patient. “Isn’t this enough for the ministers of the Supreme Court?” he asked in a statement reported by La Tercera.
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