Controversial Appointment: Security Commission Head’s Background in Question

The appointment of Lin-Kiu Ly Fumey of the National Libertarian Party, to preside over the Security Commission of the Regional Council of Arica has ignited a firestorm of controversy. Ly Fumey, an attorney elected in October 2024, previously built a career defending individuals accused of serious crimes, including drug trafficking and migrant smuggling, also known as “coyotes.” This background has raised serious questions about potential conflicts of interest and the suitability of Ly Fumey to oversee regional security matters.

Links to Organized Crime: A Network of Legal Professionals

Investigations reveal that Ly Fumey’s professional network extends to other lawyers involved in cases related to organized crime. Notably, Ly Fumey is associated with Trinidad Parra Correa, a former Senate candidate (Christian Democracy, 2017), who served as a private criminal defender in the high-profile case against the “Gallegos,” a cell of the aragua Train transnational criminal organization. Despite Ly Fumey’s claims of limited recollection, records and photographs indicate a history of shared cases and social interactions between the two lawyers.

Political Shift: From Republican Party to Kaiser’s Conglomerate

Ly Fumey’s political affiliations have also undergone recent changes. Shortly after being elected as a core representative with a significant number of votes (2,594), Ly Fumey resigned from josé Antonio Kast’s Republican Party. The counselor then joined the political group led by deputy Johannes Kaiser.

Ly Fumey explained this decision, stating:

As Kaiser formed a new party that showed solidity and be consistent in his sayings, I decided to make the change, like many Republican deputies.

A History of Defending Drug Traffickers

an examination of judicial records reveals a substantial history of Ly Fumey defending individuals accused of drug trafficking. At least 40 such cases are documented in the Judiciary’s Jurisprudence System.

One notable case from June of last year involved the depiction of a Peruvian citizen accused of participating in a criminal organization involved in importing, processing, and distributing liquid ketamine in Arica. this case highlights the challenges Arica faces due to organized crime, especially with the presence of Aragua Train cells that have contributed to a surge in homicides. In 2022, Arica recorded 45 murders, a 73% increase from 2021, giving it the highest homicide rate in Chile (17.1 per 100,000 inhabitants).

Ly Fumey resigned from this particular case shortly after being elected as a core representative. Afterward, the defendant was convicted of drug trafficking in an abbreviated procedure and sentenced to three years and one day, with the benefit of supervised release.

notable Clients and Controversial Outcomes

Ly Fumey’s client list includes Roberto Cristóbal Carlos Paicho, who was convicted of trafficking half a ton of cannabis sativa. Despite Paicho’s initial sentence of seven years in prison,Ly Fumey successfully secured probation for him in 2020.

Another client, Jhaisson Gallego González, a Colombian citizen, was arrested during an inquiry into the “camel de Arica” gang. Gallego was acquitted of charges related to drug trafficking and assaulting a police officer during an attempted escape. The court accepted Ly Fumey’s argument that there was insufficient evidence to link Gallego to the organization and that Gallego reasonably believed he was being assaulted by plainclothes officers.

representing “Coyotes”: Defending Migrant Smugglers

Ly Fumey’s legal work extends to representing individuals accused of human trafficking and migrant smuggling,significant transnational crimes in the Arica and Parinacota region due to its borders with Peru and Bolivia. the region is a hotspot for illegal border crossings, with smugglers exploiting vulnerable migrants seeking entry into chile.

From Courtroom to Council: A Counselor’s Trajectory

Lin-Kiu Ly Fumey, now serving as a regional counselor in Arica, faces renewed attention regarding her previous career as a criminal defense attorney. Specifically, her work defending individuals accused of drug trafficking and other serious crimes is under examination, raising questions about potential conflicts of interest and the suitability of her current role, particularly within the Security, Prevention and Disaster Commission.

Fumey’s legal background includes representing a Bolivian citizen convicted of human smuggling in 2022 and involvement in a 2023 sexual trafficking case in Arica.While the latter case resulted in convictions for five defendants who received sentences to be served in freedom, Fumey’s role has sparked debate.

Everyone has the right to defense, without any distinction (…) each case assumed was part of a strictly professional relationship, limited in time and circumscribed to the judicial field.

Lin-Kiu ly Fumey, in a public statement

In a public statement, Fumey emphasized her commitment to her current role, stating that her past legal work was strictly professional and limited in scope. She declined a request for an interview.

The right to legal representation is a cornerstone of any fair justice system. According to the United Nations, Everyone charged with a penal offense has the right to defend himself in person or through legal assistance of his own choosing. Though, the nature of the crimes defended, particularly drug trafficking, raises ethical considerations when a lawyer transitions to a position of public trust.

Entanglements and associations: The Parra Correa Connection

Further complicating the narrative is Fumey’s past association with Trinidad Parra Correa, a former senatorial candidate who, like Fumey, has a history of defending individuals accused of drug-related offenses. The two lawyers jointly represented a young man who was threatened, a case that ultimately led to a woman’s conviction.

Parra Correa herself gained notoriety during a major trial against alleged members of a Galician drug trafficking ring in Arica. She stepped in as the lead defender after the original lawyer was suspended for what the court deemed a deliberate attempt to delay proceedings. The Arica Oral Criminal Judgment Court imposed a 15-day suspension on the original lawyer and appointed Parra Correa, who already had power of attorney in the case.

While Fumey acknowledges a past professional connection with Parra Correa, she maintains that they currently have no working relationship or shared cases.

Comptroller’s List and Security commission Role

records from the Comptroller’s office, updated through the first quarter of 2024, indicate that Fumey was previously listed among lawyers restricted from holding positions within the State Management due to Article 61 of Law 20,000, which pertains to drug-related offenses. Specifically, the records show at least 25 instances where fumey intervened in drug law cases within the jurisdiction of the Arica Court of Appeals as of March 2024.

However, this prohibition does not apply to elected officials, such as regional counselors. Despite this legal loophole, concerns remain about the optics of a former criminal defense attorney, particularly one with a focus on drug-related cases, holding a key position on the Security, Prevention and Disaster Commission.

According to a source familiar with the commission’s operations, Fumey’s role involves significant influence over resource allocation for security-related institutions. He has no access to information, but to resource contribution decisions for institutions related to security. He decides whether they buy patrols, if they finance cameras in jail, etc.

Republican Party’s Response

The Republican Party,the political organization that initially supported Ly Fumey’s candidacy,has expressed regret over the situation. Party officials claim they were unaware of the extent of Fumey’s legal background when she was nominated.

From Republicans to National Libertarians: A Counselor’s Evolving allegiance

Lin-Kiu Ly Fumey’s recent transition from the Republican party to the National Libertarian Party (NLP) in Chile has ignited a debate about political integrity and ethical considerations. This move, occurring shortly after assuming office, has prompted scrutiny from both within the NLP and the broader political landscape.

The NLP’s Response: An Internal Review

In response to the controversy, the NLP, led by Juan Antonio Urzúa, has initiated an internal review. The party’s Secretary General stated that they are “collecting the background that has been received” and will make it “available to the supreme Court.” This body will then “determine what proceeds according to the statutes,” ensuring due process by allowing ly Fumey to present her defense.

The NLP emphasized its commitment to fighting organized crime, drug trafficking, and crime, stating that their “conviction and strength to fight against organized crime, drug trafficking and crime is unwavering and non-transitable.”

Background Checks and unforeseen Associations

The Republican party acknowledged a gap in their candidate vetting process. While they implemented training programs, ethical commitments, and even drug tests, they admitted to not fully investigating the professional backgrounds and associations of their candidates.They recognise that they did not find out “what kind of causes, interests or who professionals represent, in the free exercise of their profession”. This oversight led to Ly Fumey’s candidacy,a decision they now regret,stating,”Clearly if we had had the information,we would not have taken her as a candidate.”

Ly Fumey’s Defense: Upholding Legal Rights

Ly Fumey,a lawyer with over a decade of experience,issued a statement defending her professional conduct. She emphasized her commitment to ethical practice and the constitutional right to legal defense for all individuals,regardless of their background. She stated that her work as a criminal defender was “part of a strictly professional relationship, limited over time and circumscribed to the judicial field,” adhering to “clear ethical standards.”

Read Ly Fumey’s full statement:

As a lawyer with more then ten years of professional practice, I have developed my work in various areas of law, such as family, labor and criminal. In all these areas, I have acted with full ethical and professional commitment, guided by the principles that govern the exercise of law and constitutional guarantees that protect both freedom of work and access to an adequate legal defense for all.

In a rule of law, every person has the right to defense, without any distinction, and that was the basis of my work as a criminal defender. Each case assumed was part of a strictly professional relationship, limited over time and circumscribed to the judicial field. My work was developed under clear ethical standards, fulfilling the duty to provide legal representation to those who require it, as the law establishes.

Today, as a regional counselor, I am entirely dedicated to this new role, with a total commitment to the region. From the beginning of my functions I perform with full dedication,professionalism and constant assistance in my charge. the experience acquired as a lawyer, together with my training with a diploma in organized crime and my participation in the National Cosoc of the Undersecretariat of Crime Prevention, are tools that today I put at the service of a serious management, responsible and oriented to strengthen the public safety and well -being of the inhabitants of our region.

Atte.
Lin-Kiu Ly
Lawyer

Implications for Political Clarity and accountability

This case highlights the increasing importance of thorough vetting processes for political candidates. As public trust in political institutions remains a concern, parties face growing pressure to ensure transparency and accountability. According to a recent study by the Pew Research Center, onyl 20% of Americans trust the government to do what is right most of the time. Similar trends are observed globally, underscoring the need for robust ethical standards and rigorous background checks in politics.