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Disqualification of Two TC Ministers Sought Over Petition to Declare CAM Unconstitutional

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One of the lawyers who filed a petition to declare the CAM unconstitutional requested the disqualification of two ministers of the Constitutional Court (TC).

This is a new escalation in the context of the petition seeking to declare three radical groups operating in the south of the country unconstitutional.

Recall that last week, the TC admitted for processing the petition to declare the Arauco Malleco Coordinator (CAM) unconstitutional, along with the Lafkenche, Wenteche Katrileo, and Nagche Territorial Resistance Organs (ORT).

According to the document accessed by Radio Bío Bío, it states that the TC has the authority to "declare the unconstitutionality of organizations, movements, or political parties, as well as the responsibility of individuals who may have participated in the events that led to the declaration of unconstitutionality, in accordance with the provisions of the sixth, seventh, and eighth paragraphs of No. 15 of Article 19 of this Constitution."

Additionally, it points out that "it is a public and well-known fact that there are ongoing investigations and criminal proceedings related to allegations of a series of crimes against the so-called 'CAM' and various organizations, including some called 'ORT,' crimes among which some fall under the State Security Law."

Although the petition was admitted for processing last week, it was voted against by the court's president, Nancy Yáñez, and Minister Rodrigo Pica.

"The allegation of facts that may constitute crimes is not proper to this proceeding, not because they lack relevance, but because such an allegation would exceed the specific constitutional boundaries of the sixth paragraph of No. 15 of Article 19 of the Constitution," they stated.

For this reason, lawyer Ronald Kurt Von Der Weth requested the disqualification of both ministers through a friendly recusal to hear the case.

According to the text, exclusively accessed by Radio Bío Bío, both ministers "base their dissent by ruling on the merits of the case, raising serious doubts for the petitioner and the community as a whole as to whether this popular action will respect the fundamental guarantee of an independent and impartial tribunal."

"Indeed, in the opinion of this petitioner, the aforementioned ministers ruled on the merits of the case during the admissibility stage, framing the action within the hypothesis provided in Article 196, No. 10 of the Organic Code of Courts regarding grounds for recusal," it adds.

"There is no choice but to conclude that the identified ministers have ruled in advance and concretely on the merits of the case, ultimately losing the independence required of any and all tribunals of the Republic to resolve this petition," they state.

Source:www.biobiochile.cl