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Original article: Asociación de Juristas alerta amenaza a la independencia judicial y acusa persecución política contra magistrado Daniel Urrutia

JURISTS’ ASSOCIATION DENOUNCES HARASSMENT CAMPAIGN AGAINST JUDGE DANIEL URRUTIA AND CALLS TO DEFEND JUDICIAL INDEPENDENCE

The Association of Jurists for Democracy (AJD) has expressed deep concern regarding what it describes as a systematic campaign of defamation, harassment, and political persecution directed toward Judge Daniel Urrutia Laubreaux of Santiago’s Seventh Guarantee Court. This situation, the organization claims, poses a direct threat to judicial independence and the rule of law.

In a public statement released on Thursday, the organization asserted that the criticisms and attacks from various political and media sectors fall within the realm of “lawfare” or legal warfare, which refers to the use of legal, administrative, and communicational mechanisms to neutralize, intimidate, or penalize judicial actors whose decisions conflict with specific ideological interests or punitive agendas.

The AJD emphasized that judicial independence is not a privilege of judges, but a vital guarantee for all citizens and the democratic functioning of institutions. They warned that any attempt to discipline, remove, or exert pressure on a judge due to the content of their judicial decisions represents a serious violation of the external autonomy of the Judiciary.

The organization reminded that the legal system has institutional mechanisms for challenging judicial rulings, particularly through procedural resources established by law. However, they highlighted that political pressure, instrumental lawsuits, and public threats seek to unduly influence judicial activity and compromise the impartiality of those who administer justice.

Furthermore, the Association of Jurists for Democracy highlighted that Judge Daniel Urrutia’s career has been marked by strict adherence to the Constitution and the application of international human rights standards. They recalled that both the Inter-American Court of Human Rights and various United Nations instruments establish reinforced guarantees for judicial independence and immovability, protecting judges from attempts at removal or institutional harassment based on the content of their decisions.

According to the statement, attacking a magistrate for applying the law, the Constitution, and international human rights standards from a protective perspective signifies a deterioration of the democratic principles underpinning the justice system.

The AJD demanded the immediate cessation of all forms of administrative, political, and media persecution against Daniel Urrutia Laubreaux, warning that the continuation of these actions creates a troubling “chilling effect” on all members of the Judiciary. The organization believes that this phenomenon can affect judges’ freedom to decide based on the law and the evidence presented in each case, without fear of retaliation or public campaigns of discredit.

Similarly, the organization made a direct call to the Supreme Court to actively fulfill its role as a guarantor of judicial independence. In its statement, it asserted that the highest court in the country must take a clear institutional stand against any external interference from political actors or other state powers regarding matters intrinsic to judicial functions.

«The Supreme Court cannot maintain a position of passive neutrality when a judge is subjected to external attacks for the exercise of their functions,» the association stated, emphasizing the need to safeguard the separation of powers and the autonomy of the courts.

Finally, the Association of Jurists for Democracy reaffirmed its commitment to an independent, democratic justice system that respects human rights, expressing full solidarity with Judge Daniel Urrutia Laubreaux and declaring itself on alert against any actions that could undermine his constitutional guarantees and the necessary conditions for the free and impartial exercise of the judiciary.

The organization concluded its statement by reiterating its defense of democracy, due process, and judicial independence as fundamental pillars of the republican system and the rule of law in Chile.

Access the complete statement at the following link – PDF

Declaracion-Asociacion-Juristas-Democracia-Apoyo-Juez-Daniel-Urrutia

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