The Chillán Court of Appeals accepted a protection appeal and ordered the National Taekwondo Sports Federation (FDNT) to annul the measure imposed on the taekwondo player, denounced by an athlete for acts of sexual connotation, after which the Federation prohibited his attendance at sports events or activities organized or sponsored by the FDNT, for the duration of the judicial process, also ordering the change of work or places of work, which prevent contact between the complainant and the accused.
In a unanimous ruling, the First Chamber of the appellate court – made up of the ministers Paulina Gallardo, Claudio Arias and the judicial prosecutor Solón Vigueras – accepted the precautionary action after establishing that the appealed action did not comply with the law.
“That, although the respondent, and in accordance with the transcribed norm, has an active role and a duty of conduct in terms of the adoption of protection measures, it must be borne in mind that the complaint of the young lady against the appellant is a matter of criminal investigation by the Public Prosecutor’s Office, a body that has ordered, with respect to AFVS, the precautionary measure of prohibition to approach the victim as prescribed by article 372 ter of the Criminal Code ”, warns the ruling.
The resolution adds that: “to contextualize the powers of the respondent, it should be mentioned that according to number 1.12 of the twelfth article of the aforementioned Decree 22 of the year 2020 of the Ministry of Sports, the disciplinary body of the sports organization – in this case the Commission of Ethics of the National Taekwondo Sports Federation – will refrain from imposing sanctions on the accused, until the firm and enforceable resolution of the Courts of justice that puts an end to the case is made known through official means.
For the appellate court, in the species: “(…) it appears that the respondent’s actions have not been in accordance with the law, inasmuch as she has adopted measures deviating from her legal powers, being, furthermore, disproportionate considering the grounds that are stated in the resolution in question, reasons for which the precautionary action filed will be accepted in the terms that will be said in the resolution.
