El Ciudadano
Original article: La negativa al sobreseimiento prolonga una causa sin prueba contra Daniel Jadue
The National and International Committee for Freedom and Justice for Daniel Jadue expressed deep concern over the decision not to grant a definitive dismissal for the former mayor of Recoleta in the case known as ‘LED Lights’.
In a public statement, the Committee recalled that «after more than 5 years of investigation, 4 volumes of the investigative file, and intensive procedures, there is not a single piece of evidence to support the existence of a crime or Daniel Jadue’s involvement in any unlawful act».
«The investigation included analyzing 25 hours and 54 minutes of phone taps related to Recoleta, statements from Itelecom executives, searches of municipal offices, voluntary disclosures of bank secrecy for 4 bank accounts belonging to Daniel Jadue at different banks, as well as reviews of his personal and institutional emails, his phone, and the complete bid dossier, banking documents, police reports, and legal files concerning lawyer Ramón Sepúlveda’s fees», they detailed.
«None of these actions proved any illicit agreement, any official misconduct, personal gain, fund transfers, or any penal involvement from Daniel Jadue. Even the wiretaps that were initially deemed lost and later recovered do not contain any evidence linking Recoleta, much less Daniel Jadue, to the investigated facts», emphasized the Committee.
«On the contrary», they added, «the gathered information shows a clear absence of orders, actions, communications, or coordination attributable to Daniel Jadue. He does not appear in the wiretaps giving any orders, conversing with Itelecom executives, intervening with municipal officials, or acting to benefit the company. Additionally, there is no evidence of any flow of money to him».
«Under these conditions, keeping the case alive is legally concerning and democratically serious. The extension of an investigation cannot substitute for evidence. The accumulation of actions also cannot convert an unproven hypothesis into a sufficient basis to prolong a criminal prosecution», they emphasized from the organization.
Last-Minute Lawsuit by CDE
Both the National and International Committee for Freedom and Justice for Daniel Jadue and the Association of Jurists for Democracy (AJD) expressed «special» concern regarding a lawsuit filed by the State Defense Council just before the dismissal hearing.
For the Committee, «its procedural timing reveals a pressure mechanism aimed at preventing the closure of the case. In an investigation lasting over 5 years that has not established any crime or participation, the late intervention of a state body expected to act objectively confirms the existence of a judicial and political persecution machine that undermines the credibility of the justice system itself».
Meanwhile, the AJD drew attention to publicly available information «regarding conversations among lawyers in Luis Hermosilla’s circle, Gabriel Zaliasnik, and Samuel Donoso, related to pushing for a lawsuit against Daniel Jadue in the LED lights case to prevent the case from closing».
According to the Association of Jurists, this highlights the necessity for rigorous institutional scrutiny: «Criminal justice must remain free from pressures, influence networks, or political wear-and-tear strategies», and they called to «uphold judicial independence, equality before the law, and the presumption of innocence».
«No individual should remain subject to a criminal process beyond what evidence and law permit. Where sufficient evidence does not exist, the continuation of criminal prosecution must be subjected to strict democratic and jurisdictional controls. Criminal law cannot be used as a tool for political exclusion or as a mechanism that affects reputation», stated the Association.
Another aspect highlighted as particularly relevant by the AJD is that the investigation, in its informal phase, has extended for more than 5 years with extensive investigative deployment. Therefore, they asserted, if there is insufficient evidence to substantiate a crime or participation, «the extension of the case requires particularly rigorous justification».
«Definitive dismissal is neither a benefit nor an exception. It is a guarantee institution when the investigation does not support a legal charge. Thus, any decision to keep a case open under these conditions must be examined with special caution to prevent the criminal process from producing effects akin to an anticipatory sanction», they indicated from the AJD.
«The damage caused to Daniel Jadue is not abstract. For years, he has been publicly portrayed as guilty, with images of the raid on the Recoleta Municipality shown and repeated on television for weeks, followed by media coverage that maintained a suspicion that the investigation itself has not been able to substantiate», stated the National and International Committee for Freedom and Justice for Daniel Jadue.
«This damage is part of a judicial and media persecution that has affected his honor, public life, political rights, family, and career. Prolonging a case without sufficient evidence exacerbates that anticipatory punishment and undermines the presumption of innocence», they added.
Finally, the Committee warned that justice «cannot be used to destroy reputations, neutralize popular leadership, or condition the democratic life of the country».
«We call on democratic, social, legal, and popular organizations in Chile and worldwide to maintain vigilance over this process. Where there is no proof, there can be no condemnation. Daniel Jadue must be judged solely by proven facts before impartial courts, not by suspicions, operations, or setups», they concluded.
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