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Former Chilean Ambassador’s Lawsuit Rejected by State Defense Council (CDE)

The State Defense Council (CDE) rejected the arguments put forward by Susana Herrera, the former Chilean ambassador to the United Kingdom, who after her controversial departure at the end of last August, sued the Treasury for 190 million pesos, accusing the “violation of their fundamental rights”, so the organization stated that the judicial action filed by the former authority must be rejected “in all its parts.”

It is worth remembering that Herrera was fired after being harshly criticized by pro-government and opposition parliamentarians when it was learned that, without warning the authorities of the Ministry of Foreign Affairs, she presented the governor of Biobío, Rodrigo Díaz, a proposal that included the construction of a food market. wood in the town of Santa Juana – called Living Labs Biobío – which would need financing of US$ 5 million.

After her departure from office, recorded on August 22, the former ambassador requested compensation equivalent to her last 11 salaries, that is, about $190 million. In addition, she demands public apologies from the Chancellery and that these be notified to the British monarchy. This, after accusing her of having suffered “an impact on her physical and mental integrity”, in addition to a “violation of her fundamental rights” by the Foreign Ministry. The libel must be resolved by the First Labor Court of Santiago.

In response to the lawsuit, the CDE issued a reply harshly questioning the actions of the former official while she served in the diplomatic position. Among other episodes, what stands out is not following the regular procedure in her attempts to materialize the “Living Labs” project, in addition to calls for attention for the misuse given to her social networks, and highlighting that the former ambassador, when giving a television interview Regarding the case, “he persevered in addressing his private interest” over the loyalty he owed to the country.

Thus, in the text, the CDE thus highlights that “the action for the protection of fundamental rights must be rejected, because although the non-voluntary resignation of the position of ambassador was requested, there was in this regard no injury to her fundamental rights, any “At the same time, ambassadors and diplomatic ministers are exclusively trusted officials subject to the free designation and removal of the President of the Republic.”

They add from the organization that “while, while she served as ambassador, there was no conduct on the part of the defendant that could be classified as an attack on the guarantees that are said to have been compromised. Consequently, the accusations contained in the plaintiff’s libel are neither effective nor satisfy the minimum standard to be indicative, so the action must be rejected in all its parts, with costs.”

After rejecting that the Foreign Ministry has committed “acts or omissions that violate the right to the physical or mental integrity of the complainant or that have affected her honor and prestige,” the CDE text questioned the former authority by pointing out that The ministry in question learned of the communication by letter between the former ambassador and the GORE of Biobío about the Living Labs project “once that letter had already been sent to the regional authority, said Secretary of State having merely been notified of this fact. , without a request for authorization to carry out this approach.”

In this regard, it is noted that “it was not enough for Mrs. Herrera Quezada, within a hierarchical and disciplined service, to simply inform the authorities of the Ministry of the actions she was undertaking to achieve the ‘Living Labs Biobío’ project” .

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In this framework, the CDE questions a “reluctant attitude towards authority at the central level that was manifested during the period in which she served as ambassador.”

The CDE brief also mentions episodes in which former ambassador Herrera was questioned about her use of the embassy’s official social networks for personal reasons.

“An example of the latter occurred on July 6, 2022, in the midst of a political crisis in the United Kingdom derived from the mass resignation of the members of the cabinet of the former Prime Minister, Mr. Boris Johnson, in the official account of the Embassy. of Chile in the United Kingdom (@Chile_in_the_UK) on the social network .

She adds that “in this sense, Mr. (Víctor) Abujatum (chief of staff of the Undersecretary of Foreign Affairs) made her see the need to follow the guidelines that the Strategic Communication Directorate usually sends to the missions, more even if the publications made on social networks have an impact on the image of the country and the Foreign Ministry.”

From the CDE they indicate that, given this, “it is necessary to affirm, by way of conclusion, that the diplomatic function demands careful action, fully aligned with the guidelines formulated at the central level (…) in order to avoid undesirable situations not foreseen by the Ministry of Foreign Affairs. Admitting a margin for improvisation, contravening the noted guidelines, could necessarily have an impact on the perception that third States could have of the Republic of Chile in the execution of its Foreign Policy. Therefore, the preventions made by Víctor Abujatum find a reasonable justification to protect the permanent interests of the country.”

Finally, the CDE text indicates that while she was still investiture as ambassador, on August 22, 2023, Herrera “decided, without prior consultation or requesting authorization from any authority of the Ministry of Foreign Affairs, to participate in an interview” in the CNN Chile channel, where “he spoke about situations related to the existing work environment at the Chilean Embassy in the United Kingdom, the “Living Labs” project and the aspects related to his resignation.”

In this regard, the organization indicates that “on this point, it is worth highlighting that Mrs. Herrera Quezada, having the duty to act with loyalty to the Republic of Chile and the Ministry of Foreign Affairs, persevered in addressing her particular interest, revealing conversations with agents of the receiving State, in which there was a reasonable expectation of confidentiality.”

2023-12-28 00:45:32
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