Court of Appeals of La Serena says that homosexuals are cohabiting family
Movilh president, Rolando Jiménez, said yesterday the deputy public prosecutor (S) Combarbalá, Cristian Alfonso Durruty its appreciation for the successful legal defense turned in favor of a gay person and his mentally retarded son, who after suffering domestic violence within a homosexual union marked a precedent historic sexual minorities in the Court of Appeals of La Serena.
In a telephone conversation, the president of the Movement for Homosexual Integration and Liberation (MOVILH) Durruty Alfonso explained that the historic 41-day sentence of imprisonment night ratified by the Court against the person responsible for the abuses (Honorino Muñoz Tapia, 24 years) "is a precedent that will undoubtedly serve us for the legal fight that we are taking about LAD and the Covenant on Civil Union (PUC), as they recognized the union between same sex as a family."
The appreciation was well received by the prosecutor, for whom he also one of the most relevant aspects of the case is that it "recognized the homosexual couples living together and therefore covered by the Domestic Violence Act"
Jimenez announced the landmark decision, joins other also recognized a lesbian couple in Arica . Therefore, he added, "we are evaluating include in the Civil Union Pact a new item that makes explicit reference to the Domestic Violence Act. This what we thought, but then threw it on the grounds of force majeure. In any case it is the drafters of the PUC's lawyers take the last word. " HISTORIC FAILURE
by two votes in favor and one against, the Court Appeals of La Serena ratified on 8 January, the two sentences of 41 days imprisonment against Tapia Muñoz Honorino were issued by Judge Combarbalá Assurance, Ana Verónica Naranjo Bischof, in November 2006.
The man was charged by the Attorney General of assaulting gay couple and their son, a young mentally retarded, so called capital punishment on the basis of Articles 5 and 14 of the Domestic Violence Act.
In its ruling, the Court agreed with Judge Naranjo Bichof around "the concept of partner includes extensive form to that attached to another living in a homosexual relationship, who is also considered as a household member. "
regard Movilh expressed "complete satisfaction, happiness, excitement and enthusiasm" for ratification of the sentence. "Acts of such mark, no doubt, a before and after in the history of all sexual minorities in the country that historically have been violated their rights," it said.
Movilh lesbian activist, Sofia Velasquez, said the ruling "puts on the table without a doubt the rights of gay couples and visibility to a stark reality, as in the heterosexual world, is seen in all family violence ".
"At the same time, and perhaps most emblematic, this sentence clearly means a recognition that homosexual couples are family, a family that deserves the same safeguards as any social group of people, "said Movilh.
view of the organization, many of these acts, which have been in more than one occasion reported to Movilh, "finally see a glimmer of hope for a justice system that has historically refused to recognize gay couples, and thus violence that can occur within families. "
Movilh recalled, finally this is the second legal case where the court acknowledged a homosexual couple. The first dates from September 2, 2003, when the Court of Appeals in Arica reduced from three years to 541 days in prison the sentence of a lesbian woman who covered up the murder of his partner on the grounds that this relationship can not be "discriminated".
Thus, the justice offered the same benefits afforded to heterosexual marriages accomplices outside who can ask for her hand cut ties arguing love and affection.
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