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Original article: Caso Lincolao: Corte desarma tesis de “secuestro” del Gobierno y niega prisión preventiva contra estudiantes

The Valdivia Court of Appeals not only denied the preventive detention sought by the Public Prosecutor’s Office and the Ministry of Public Security in the Lincolao Case. It also cast doubt on the political offensive initiated by the government, led by Minister Trinidad Steinert, which aimed to reclassify the events as a «kidnapping» of Minister of Science, Ximena Lincolao. In a unanimous ruling, the court maintained precautionary measures of bi-weekly reporting, national residency, and a prohibition on approaching the victim for the three students from the Universidad Austral, rejecting their incarceration as the investigation proceeds.

The ruling confirmed what the Valdivia Guarantee Court had already decided, which also rejected preventive detention. The First Chamber asserted that the existing measures are “appropriate and proportional to the aims of the proceedings,” effectively halting, for now, the prosecuting entity’s and the Ministry of Public Security’s push to toughen the students’ legal situation.

Lincolao Case: Court Challenges Government’s Narrative

The most critical point of the ruling was not just the precautionary measures. According to reports from El Mostrador, the court directly questioned the executive’s thesis which tried to frame the case as a «political kidnapping» under the Security of the State Law. Minister Óscar Castro described that accusation as “generic” and cautioned that claiming a kidnapping would “exacerbate the norm”.

This observation was significant. The government’s attempt to reclassify the events as a deprivation of liberty did not convince the court. In fact, one point under deliberation was that the minister may have remained at the venue for security reasons, which does not automatically equate to illegal detention.

Simply put, the court did not accept the notion that the case could be escalated to a «kidnapping» without substantial justification.

What Happened at Universidad Austral

The case dates back to April 8 during the inauguration of the academic year at Universidad Austral, attended by Minister Ximena Fabiola Lincolao Pilquián. According to the Public Prosecutor’s accusations, the event was interrupted by a student protest against government educational policies amidst criticism over budget cuts and other measures.

Based on the prosecutor’s account, the minister remained in the Aula Magna for nearly two hours during the protest. Later, on the way to her official vehicle, there were reported assaults and damage to the car. For these incidents, the Public Prosecutor charged the three students with the completed crime of assault against authority.

What Changes After the Ruling

Immediately, the decision means that the students will continue their legal process without preventive detention. They remain subject to precautionary measures, but the court did not endorse the thesis of the Prosecutor’s Office and the Ministry of Public Security led by Trinidad Steinert that imprisonment was necessary during the investigation.

However, the political impact of the ruling extends further. In a case already laden with the profile of the involved authority and the debate surrounding student protests, the court set a clear limit: the measures already established are sufficient, for now, to safeguard the proceedings, and the narrative of «kidnapping» failed to hold up to the force intended by the executive.

In other words, not only was preventive detention rejected. The aggressive narrative that the government, and particularly Minister Trinidad Steinert, attempted to escalate regarding the Lincolao Case is also beginning to unravel.

La entrada Valdivia Court Rejects Preventive Detention for Students in Lincolao Case, Undermines Government’s Kidnapping Claims se publicó primero en El Ciudadano.