El Ciudadano
Through a public statement, the Organization of Judicial Workers (OTJ) expressed «its strongest rejection and deep concern» regarding the mass opening of 56 removal dockets by the Full Supreme Court.
The OTJ argues that «this institutional offensive represents an unprecedented act of hierarchical intimidation that severely harms judicial independence and undermines the fundamental guarantees of those of us who perform functions within the justice system.»
«We denounce that the simultaneous activation of these 56 removal procedures creates an intolerable state of legal uncertainty, violating judicial independence and the principle of immovability that protects judges. The so-called ‘removal docket’ is being misused, devoid of the principles of specificity, typicality, and legality that must govern any punitive action,» claimed the judicial workers.
In this context, they recalled that the opening of the ‘removal docket’ constitutes «an extraordinary and exceptional measure that, under no circumstances, can be applied in a generalized and mass manner, both for members of the primary rank and for those in other tiers of the Judiciary.»
«We accuse a severe violation of the principle of proportionality. The country’s highest court has chosen to resort to the most drastic penalty prescribed by the legal framework, ‘dismissal,’ as the first response to the investigated actions. This excessive punitive measure reveals that the real objective is not correction or the protection of ethical standards, but rather the establishment of a regime of institutional fear,» pointed out the OTJ.
«However,» the statement adds, «this severity does not seem to be uniformly applied.»
«There are well-known cases where magistrates backed by certain Supreme Court ministers were not subject to equivalent penalties, despite the gravity of the allegations. These include situations related to influence peddling (former minister Antonio Ulloa), repeated sexual abuse and harassment (judge Luis Barria), or actions that compromised judicial impartiality (former minister Simpertigue),» they recalled.
«In none of these cases did the Full Court find dismissal to be appropriate. This differential treatment highlights a concerning lack of internal justice and allows us to conclude that the Supreme Court seeks to improve its image in light of recent public criticism regarding corruption cases, using the media narrative of high-ranking officials leaving the country while on medical leave,» emphasized the workers.
Precarious Working Conditions
A particularly concerning aspect for the Organization of Judicial Workers is the fact that this display of corporate power «severely undermines the working conditions of all workers within the judiciary.»
«When the judicial leadership can dictate the professional careers and economic stability of its members through vague legal concepts such as ‘good behavior,’ it fosters the institutionalization of vertical workplace harassment. No official, technician, judge, or magistrate can perform their duties with the necessary dignity and peace of mind if they are constantly threatened by arbitrary dismissal,» they warned.
For the OTJ, «this alarming authoritarian drift is most evident in the actions taken against our regional president of Santiago and OTJ leader, magistrate Daniel Urrutia Laubreaux. His situation clearly reflects the absence of guarantees faced by any worker who opposes abuses from the judicial hierarchy or who consistently defends international human rights treaties.»
«Beyond the union protection that safeguards our regional president, his departures from the country are fully justified. Therefore, suspending and promoting the removal of a union leader protected by union immunity constitutes an inadmissible act of political and ideological persecution, aimed at weakening the organization of workers and creating a collective chilling effect on union activities,» they emphasized.
Finally, they announced that as the Organization of Judicial Workers of Chile (OTJ), «we will not be silenced by fear. We will immediately activate all available legal actions at the national level, denounce violations of union immunity, and formally approach the Inter-American Commission on Human Rights (IACHR) and the International Labor Organization (ILO).»
«An intimidated judiciary is an incapable judiciary when it comes to defending citizens. We demand the immediate closure of these arbitrary processes, the strict respect for our leaders’ immunity, and urgent structural reforms that democratize judicial governance in Chile,» concludes the OTJ statement.
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La entrada Judicial Workers Accuse Supreme Court of Instrumental Use of Removal Dockets: «An Unprecedented Act of Hierarchical Intimidation» se publicó primero en El Ciudadano.
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