Chilean judge suspends destruction of Bolivian timber for 60 days and orders fresh expertise
A guarantees judge halted the incineration of timber seized in Chile and authorised counter-sample analysis. The measure benefits 23 Bolivian exporting companies under investigation for alleged drug trafficking.
Chilean court halts timber destruction and opens new expert phase
A guarantees judge in Chile ordered the suspension of the destruction of timber seized in the framework of an investigation into alleged drug trafficking for at least 60 days, according to El Deber. The resolution also authorises fresh expert analysis on counter-samples in the case and involves 23 timber companies affected, represented by lawyer José Antonio Villalobos.
The decision opens the possibility of contrasting the analyses that supported the original seizure and of preserving the merchandise that has not yet been destroyed. Villalobos specified that it remains to define the laboratory that will conduct the tests and the conditions of the procedure, points that will be addressed in a forthcoming hearing.
The lawyer explained the scope of the resolution in a virtual conference organised by the Chamber of Exporters of La Paz. From Arica, he stated that the ruling responds to the two main requests from the businessmen: halting destruction and gaining access to a fresh analysis of the samples.
"What is destroyed, unfortunately, is damage that is already established and we cannot reverse that," Villalobos said.
No confirmed figure on material already destroyed
The lawyer noted that the official incineration records had not yet been incorporated into the case file, making it impossible to specify the volume of material destroyed so far.
According to unofficial information handled by the defence, the bulk of the merchandise held in Arica would have been incinerated. Containers would still remain in the ports of Valparaíso and San Antonio. The judicial ban aims to preserve that remainder. Villalobos added that the suspension may be extended according to the progress of the expert analysis and its results, and that the defence will seek information to determine whether it is possible to obtain additional samples from the intact containers.
The defence rejects the initial analyses
Villalobos ruled out the version that the timber was impregnated with drugs and maintained that the background to the investigation is limited to traces of illicit substances. In his view, those findings do not justify the scale of the operation announced by Chilean authorities.
He also questioned the procedures for sample collection and the suitability of those who participated in them. These objections form part of the defence position and will need to be contrasted with the fresh evidence.
The court authorised a private chemical expert hired by the companies to be present during the fresh analysis. According to Villalobos, that professional previously worked for the United States antidrug agency, the DEA.
The Public Prosecutor will have to consult which laboratories have the capacity to conduct the study. Among the options mentioned during the conference were police institutions and Chilean academic centres, although no formal designation has yet been made. The defence, for its part, will seek an independent laboratory separate from the bodies whose actions it questions.
Dismissal as a long-term objective
Villalobos announced that, with the results of the fresh expert analyses and other background information, he will seek to request the definitive dismissal of those involved. The judicial resolution allows progress with those tests, but does not imply the closure of the investigation or a ruling on the responsibility of those under investigation.
He also anticipated that the businessmen will be able to consider legal action for the economic harm resulting from the destruction of the merchandise and restrictions on exports. For now, he indicated, the priority is to preserve the remaining timber and carry out the fresh analyses.
Source: El Deber