Fiscales rechazan cualquier límite al derecho a informar

 El Consejo de Fiscales indicó que están dispuestos a colaborar en el perfeccionamiento de la propuesta legislativa.

 

 

Gisella Abarca
Fotos Marco Lara

 

 

Durante la jornada de ayer, en Santiago, se reunió el Consejo de Fiscales para abordar la ley que regula las filtraciones durante las investigaciones. La reunión, que contó con la presencia del fiscal nacional, finalizó con una declaración pública donde se aclaró que en ningún caso se pretende restringir la libertad de prensa.
Así, a nombre del Consejo General de Fiscales Regionales, el fiscal regional Luis Toledo se refirió a la indicación que establece una sanción penal para todo aquel que viole el secreto en una investigación judicial, popularmente denominada como “ley mordaza”.
Leyendo la declaración pública, el persecutor expresó que “tanto el Consejo como el Fiscal Nacional manifiestan su irrestricto respeto a la labor de los periodistas y medios de comunicación y su valoración del importante aporte que hacen diariamente entregando información, interpretación y opinión que fortalece el estado democrático de derecho, cuyos valores se encuentran amparados en la Ley 19.733 conocida como Ley de Prensa”.
Señaló, además, que el objetivo de la normativa es “cautelar la eficacia de la investigación penal”. En este sentido leyó que “No obstante lo anterior, y sin perjuicio de que la redacción de la propuesta legislativa puede ser perfeccionada, los integrantes del Consejo aclaran que el Ministerio Público siempre estará disponible a cualquier modificación legal que busque perfeccionar y resguardar las investigaciones penales, evitando filtraciones que pudieren anticipar diligencias o fomentar maniobras distractivas por parte de quienes son investigados. Lo afirmado, en ningún caso, busca restringir o afectar los principios de transparencia y publicidad de nuestro sistema procesal penal, que se manifiestan en las audiencias públicas desarrolladas ante tribunales, ni tampoco afectar el desempeño de la labor de los medios de comunicación”, continuó Toledo.
Toledo finalizó diciendo que el Ministerio Público y los integrantes del Consejo General, manifiestan su “categórico rechazo a cualquier límite al derecho a informar y ser informado, como así mismo a aquellas aseveraciones que se alejan de los intereses propios y técnicos que persigue una investigación penal, cuyo propósito es dar una respuesta oportuna, transparente e igualitaria para todos los ciudadanos del país”, concluyó el persecutor.

 

 

“LA LABOR DE LA PRENSA ESTÁ PLENAMENTE GARANTIZADA”
Referente a este tema, este miércoles, en dependencias de nuestro medio de comunicación, el fiscal Luis Toledo explicó “Esa indicación fue solicitada por el Ministerio Público, fundada exclusivamente que las personas que están vinculadas a un proceso penal como intervinientes, en calidad de particulares -como abogados, testigos o personas que están vinculadas al caso- no dieran a conocer los aspectos centrales de esa investigación ni sus diligencias”.
Agregó “Hoy día, antes de esa indicación, los funcionarios públicos estamos obligados a guardar reserva. Los únicos que no tienen una sanción penal son los intervinientes particulares. La labor de la prensa está plenamente garantizada, ésta no busca sancionar a los periodistas, la Libertad de Prensa es un bien jurídico que debe resguardarse. Lo que no debe pasar es que carpetas completas estén publicadas en diarios de circulación nacional cuando hay diligencias que están desarrollándose y en curso, porque eso prepara al resto de las personas que están sujetas al proceso penal para su defensa”, finalizó.

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