Calls for Process Review and Restoration of Rights Intensify
Politica

Calls for Process Review and Restoration of Rights Intensify


Original article: “Trama bielorrusa” remece la causa de Jadue: exigen revisión del proceso y restitución de derechos


The latest actions by the PDI and the Public Prosecutor’s Office in the so-called «Belarus Connection» case, including arrest warrants against businessman Gonzalo Migueles, the husband of former Supreme Court Minister Ángela Vivanco, and lawyers Mario Vargas and Eduardo Lagos, have significantly impacted the case of former Recoleta mayor, Daniel Jadue.

The National and International Justice Committee for Jadue released a public statement expressing deep concern over new evidence confirming political and media persecution against the former mayor in the context of the Farmacias Populares case.

Firstly, they referenced pressures from prosecutor Giovanna Herrera, which included a statement from an accused individual claiming to have been blackmailed into incriminating Jadue— actions that call into question the impartiality and transparency of the proceedings.

Previously, in an interview with Radio Bio Bío, Matías Muñoz, former executive secretary of the Chilean Association of Municipalities with Popular Pharmacies (Achifarp), who is implicated in the case, accused the prosecutor of pressuring him to falsely testify against Jadue in exchange for his release from preventive detention, where he had been for over 100 days.

These declarations contradicted his initial testimony before the Public Prosecutor’s Office and revealed irregularities in the investigation, supporting claims of political persecution and lawfare against the architect and sociologist.

Muñoz stated, «When I was in prison and had to testify, she literally told me, ‘Tell me that you were in a meeting with Jadue, that Best Quality offered you money, that they sold the masks, and that Jadue handled the negotiations,’ and she offered me freedom in return. I testified on September 27, and by October 2, I was out.»

«I had to lie. I declare this because she literally said to me, ‘I won’t charge you for that bribery, so don’t worry.’ She offered that if I lied, I could go free. She also wanted me to say that I stole the money from the self-loan and gave it to Jadue, which I did not do,» admitted the former Achifarp official.

The Committee also noted that recently, the Prosecutor’s Office and Carabineros undertook actions related to the «Belarus Connection,» including the arrests of lawyers Eduardo Lagos and Mario Vargas—who have litigated against Daniel Jadue—as well as Gonzalo Migueles.

«These events, currently under investigation for alleged crimes such as bribery, influence peddling, incompatible negotiations, and money laundering, necessitate a thorough review of the legitimacy of actions that have impacted Jadue’s case,» they stated.

The “Belarus Doll” Connection

It is important to remember, as revealed by El Mostrador, that these events occurred while Ángela Vivanco temporarily held the presidency of the Third Chamber of the Supreme Court, during the litigation between Codelco and Consorcio Belaz Movitec SpA (CBM) over breach of contract by the Belarusian company.

Codelco indicated that CBM failed to complete 23% of the contracted works (removing debris and constructing facilities at the El Salvador Division) and there were delays of at least six months, as well as an accident that cost the life of one of their workers. Consequently, the state mining company decided to file a lawsuit, collect the performance bonds, and keep their machinery.

Initially, the Copiapó Court of Appeals ruled that the Belarusian company had to pay US$20 million in performance bonds to Codelco. After a protection request was denied, the company moved the case to Santiago, to the Supreme Court.

Although the president of the Third Chamber of the Supreme Court was Sergio Muñoz, it was reported that the magistrate was on vacation at the time, so he did not participate in the case, leaving his substitute, Ángela Vivanco, in charge.

At that time, the judge accepted the protection request and reversed the case against Codelco, mandating the «immediate restitution» of the assets (machines) and the return of the performance bonds (US$20 million). This was in addition to another US$5 million for various expenses.

The media also revealed that the case was analyzed and the Belarusian company received a favorable ruling on July 4, but the president of the Supreme Court scheduled a review for the next day, July 5. This implies that the Third Chamber resolved the case when it was not on the agenda.

In light of this situation, the state copper producer requested the nullification of the protection ruling, «because they reviewed it before the president of the Supreme Court placed it on the agenda, and because the ruling reversed everything won in previous stages.»

«However, the Third Chamber again ruled against Codelco and in favor of CBM, stating in a clarification that it considered it «irrelevant» that the ruling came out before the case was on the agenda,» El Mostrador reported.

The process lasted only nine months, starting in June 2023 and ending in March 2024, a period unusually short for judicial timelines.

Lawyers Suing Jadue Behind the “Belarus Doll” Legal Action

Former prosecutor Carlos Gajardo revealed that the lawyers Eduardo Lagos, Mario Vargas Cociña, and Gabriel Silbe were responsible for filing the controversial protection request against Codelco before the Copiapó Court of Appeals in February 2023, in the case regarding the “Belarus Doll,” which resulted in a loss of US$20 million for the state copper company.

The legal action was filed against the court for «the arbitrary and illegal collection, without prior information and/or notification of four Bank Guarantee Bills taken by the Consorcio Belaz Movitec SpA, at Banco Santander.»

Specifically, the lawyers requested the annulment of «the arbitrary and illegal» collection of the four performance bonds; that Codelco reimburse Banco Santander the sum of UF 323,854, which was paid to them due to the bond collections; and that «immediate measures be adopted to restore the rule of law and ensure the proper protection of the affected party (Consorcio Belaz Movitec SpA).

The formalization of Gonzalo Migueles, partner of former Minister Ángela Vivanco, and lawyers Mario Vargas and Eduardo Lagos for bribery, corruption, and money laundering is taking place today in the Seventh Guarantee Court of Santiago.

Justice Committee for Jadue Calls for Objective and Unbiased Investigation

In this context, the National and International Justice Committee for Jadue has requested an extension of the investigation timeline regarding the Farmacias Populares case «to ensure it is conducted without influences and with total objectivity,» in order to guarantee «due process and judicial truth.»

«Furthermore, we urge the urgent restoration of Daniel Jadue’s political and civil rights, including his right to vote, run for office, be an active member of his political party, and to fully participate in the political life of the country,» they stated in the public declaration.

«Justice cannot continue to be used as a tool of persecution. Chile deserves transparent, fair, and pressure-free processes. We will continue to raise our voices until Daniel Jadue regains his full freedom and civil rights,» they emphasized.