The Supreme Court accepted the amparo act presented by a lawyer who was detained and registered when leaving and re-entering the country due to the erroneous occurrence of an orange alert in the Interpol records.
By a unanimous decision, the Second Chamber of the High Court ordered the Investigation Police to take measures to prevent both them and other Chilean citizens from revisiting their outpatient freedom.
The resolution states that "the Interpol National Interpol Bureau declares that in 2016 the Ministry of Foreign Affairs has been informed about similar situations affecting protected citizens and other citizens of our country, maintained direct communication with those countries with which this type of inconvenience has occurred, providing the illustrative documentation required for a proper check, and also that the same year it was agreed that the Civil Registry and Identification Service would perform a study on the technical feasibility of assessing changes at the computer level to eliminate the possibility of erroneous data interpretation loaded into the international computing system. "
"However," he continues, "as is evident from the defendant's statement (as well as the different constitutional remedies of other citizens, such as the case known as Case 1590-2016 of ICA Santiago ), these actions were insufficient to avoid repeating it, with which she continues to be exposed to the restriction of her ambulatory freedom when going abroad, in the light of the administration procedure which provides him with a document – which does not contain changes or modifications of content – which contains information that generates the risk of being confused by foreign immigration authorities with other citizens who have an arrest warrant or other restriction on their free movement, "the report said.
"All the abovementioned evidence of an act of administrative authorities that unjustifiably justifies the protected person and any other citizen who is in the same circumstance temporarily restraining their ambulatory freedom to arrive in a foreign country, be accepted, taking the necessary measures to restore the rule of law, "adds the judgment.
The Supreme Court has ruled that the Interpol Central Office must communicate to Interpol Central Offices in the countries with which Chile has an agreement so that its citizens can enter the identity card, the difficulties encountered in this case against the protected person and the claim that, in view of these difficulties, this control – if an identity card is presented as an identification document – is done only with the serial number or document, as the case may be, and not with RUN N °.
In addition, it requested that the Civil Registry and the Identification Service take appropriate measures so that in the future the "document number" does not coincide with "RUN", for example by adding a letter to the beginning or by another mechanism or formula ideal in this sense, determined by the technical studies of the case.