Former Chilean Senator sued a businessman for taking an intimate photo of him and viralizing it on social networks
Jorge Pizarro sued Hites Moscovich over a photograph sunbathing on the terrace of his apartment
Cristián Torres from Santiago, Chile
Former senator Jorge Pizarro denounced having been the victim of a privacy violation EFE/Bienvenido Velasco/Archivo
A former Chilean parliamentarian filed a complaint against a businessman who allegedly took a intimate photograph that went viral on social networks.
The events occurred on February 17, when the Chilean businessman Andrés Hites reportedly consulted the concierge of a building in Vitacura, a wealthy commune of Santiago: “Is the person sunbathing there Senator Pizarro?” The question became a key piece of the court case. The court opened the case on February 22 against the businessman, who is one of the heirs of Isaac Hites Averbuck, founder of a well-known retail store.
On January 31 , Andrés Hites, the accused by Jorge Pizarro, will be brought before a court, appointed as the person responsible for publishing an intimate photo of the former senator on social networks, who responded with a lawsuit.
According to the document presented to the court, the crime for which Hites is accused is “against life and privacy of conversations” as author for taking a photograph in a building when Mr. Pizarro was “scarcely clad” checking his cell phone on the terrace.
The affected party, already on December 27, 2022, filed a new complaint against Hites Moscovich, for the alleged crime of illegally obtaining a photograph, as a result of events that, in his opinion, constitute a “flagrant attack on against my right to maintain a private space and exclusive, therefore affecting my privacy”, it is declared.
This legal action is added to one already filed before the court, thinking of a hypothetical oral trial where only those with the status of plaintiffs can participate.
The journalists of BioBio Chile, agreed to the demand, to the text that provides the details of the facts related by the defense of the then parliamentarian. The text details that, “together with his wife, Rocío Peñafiel Salas, he owns an apartment located in the Vitacura commune. The tower -he adds- being “located on the hillside, has its entrance at the top, that is, the apartments can be seen once one enters the condominium and looks down.”
The photo of the former senator that circulated on social networks< p class="paragraph">The information that is revealed for the first time publicly describes that Pizarro was able to realize who took the photograph of him.Particularly that day, it is noted, he arrived at his building at around 4:20 p.m. and then left there at 7:40 p.m. “In view of the intense heat that was that day, I proceeded to bathe in the pool located on the terrace of the building, which can only be seen from inside the building, because, as I already explained, there is no possibility of seeing the terrace from the street”.
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Then the story continues and reveals that he was able to notice who is taking his photography. “After freshening up, I proceeded to take off my bathing suit, covering myself with a towel, to immediately rest on an adjoining deck chair”. It was at that moment, he says, while he was resting, that he spotted someone at the “top of the wall that separates my apartment from the common spaces of the same building.”
He defines it as follows: “white complexion and light hair (blonde or gray), who wore a dark shirt or shirt and a hat or jockey.” Said individual, who in the long run presumably turned out to be Andrés Hites Moscovich, was “looking towards the place where I was, an issue that caught my attention, since it did not correspond to a common attitude,” he says.
After leaving his partner's apartment, Pizarro went to his residence, which he shares with one of his children. After dinner, her son tells her what was being discussed on social networks. “Very alarmed, he shows me a photo published on social networks where I am on the deck chair on the terrace of the apartment where my wife lives, with a towel around my waist reading messages on my cell phone.”
Pizarro's testimony continues and describes that after finding out what was happening with his photo on social networks, he decided to return to the building to speak with the building's concierge, who told him that during the time he was in the lounge chair, “Mr. Nicolás Hites Neef and his father, Mr. Andrés Hites Moscovich, went to the building to visit an apartment that was for sale at that time.”
The former senator's defense, led by his< b> lawyer Cristóbal Bonacic,established the principle of the demand in the right to privacy, which if invaded and also disseminated, is punished by justice. “The beginning of this investigation had the objective of endorsing the importance of respect for private life and the separation of private life from public life. Obviously, some aspects of private life that may have an impact on the professional development of a public official, that has a different nuance. (…) This respect is sought to be endorsed through this action, because through the use of social networks private life is seen to be unprotected as if it were something in the public domain and the truth is that it is not,” says Bonacic.
Among the clues in the investigation into the crime against the former congressman's private life, in addition to the janitor's statement, is a report from the Police Cybercrime Brigade < /b>of Investigations of the Chilean civil police, where the perspective from which the photograph would have been taken was analyzed. There, data was crossed with the security cameras of the building, where Andrés Hites and his son Nicolás were.