The Court of Appeal of Valparaíso accepted the appeal of the Security filed against the Gendarmerie for placing a convicted person for the crimes of arson and threats in the Valdivia Penitentiary Compliance Center.
The prisoner’s mother alleges that she has not been able to visit her son for 17 months because, because she works and suffers from obesity, depression and diabetes, she cannot travel to Valdivia, as she lives in the commune of Valparaíso. She requests that he be transferred to a penal unit in the Valparaíso area to be closer to her, as he is in good health following a hunger strike and self-inflicted wounds to his lungs within the penal unit. Not in which he is currently deprived of liberty.
The defendant reported that, “(…) the protected individual was transferred from the Valparaiso Penitentiary Complex to the Valdivia Penitentiary Complex last year because he refused to enter the module assigned to him. However, the prisoner’s criminal Given the profile and behavior, it is possible to transfer him to the Santiago Sur Preventive Detention Center, if that measure is ordered by judicial resolution.
The court in Valparaiso accepted the appeal for protection. The ruling states that, “(…) placing the protected person in the Valdivia Penal Unit violates his personal security, given the state of health of his mother, the possibility of her receiving visits and parcels “Severely limits his or her ability to travel. And there is considerable distance between the family home and the facility where he or she is serving his or her sentence.”
Based on these considerations, the Court accepted the appeal for protection against the Gendarmerie, only to the extent that the prison authority would have to transfer the protected person to the Santiago Sur Preventive Detention Center, if the prisoner consents to it, on his own terms. Adopts necessary measures to save life. , health and integrity.
See ruling Court of Valparaiso Roll No. 2404-2023.