Original article: Tribunal reabre investigación contra Manuel Monsalve y otorga 120 días para nuevas diligencias

The Seventh Court of Guarantee in Santiago Grants New Deadline for Evidence Collection in Manuel Monsalve Case

The Seventh Court of Guarantee in Santiago has ruled to reopen the investigation against former Interior Undersecretary Manuel Monsalve, who faces allegations of sexual offenses reportedly committed in September 2024 against a staff member under his supervision.

Judge Pilar Ahumada established a strict deadline of 120 days for the development of new investigative actions.

This judicial decision followed a request from defense attorney Víctor Providel, head of the Metropolitan North Public Defender’s Office, who argued for the necessity of supplementing the investigation led by the Public Prosecutor’s Office.

Providel claimed before the court that there was an imbalance of resources hindering the defense’s ability to gather certain evidence independently.

After the hearing, the lawyer expressed satisfaction with the ruling and outlined the grounds that, in his view, justified the reopening of the case.

«The court acknowledged that [the measures] were relevant, that the defense had the legitimate right to investigate, and that it was in a disadvantaged position compared to the Public Prosecutor’s Office since there are actions where the defense cannot seize objects or compel expertise. Therefore, from this perspective, we are satisfied,» he stated.

The defense attorney firmly rejected the accusation of delay presented by the plaintiffs. «We believe that this is not the case, and the court itself, when analyzing each of the proposed measures, assesses their relevance and whether they are dilatory. The court found those it approved to be pertinent and not purely dilatory,» Providel clarified.

Regarding the specific content of the ordered measures, the attorney chose to maintain strategic confidentiality but expressed confidence that they would provide favorable elements for the former undersecretary.

«Concerning the specific actions, this defense has a legitimate hope that they will be executed and that they will help prove our client’s innocence. Therefore, we want to keep them confidential to ensure their success (…) These measures have been requested for a long time,» he added.

«The court found them to be pertinent, that the defense had the legitimate right to investigate, and that it was in a disadvantaged position relative to the Public Prosecutor’s Office since there are actions where the defense cannot seize objects or compel expertise. From this perspective, we are satisfied,» he emphasized, as reported by La Tercera.

Plaintiff’s Attorney Warns of Intent to Delay the Process

The court’s decision did not have the support of the victim’s representation. Plaintiff’s attorney María Elena Santibáñez expressed disagreement with the reopening of the case, stating that the prosecutor’s investigation was already exhausted and describing the measure as a tactic to delay progress toward a trial.

«The investigation is already concluded, and all relevant and useful measures needed to clarify the facts have been completed,» Santibáñez stated in an interview with T13. She was categorical in assessing the defense’s goal: «It’s aimed at delaying the process.»

Santibáñez also highlighted the impact that the extended process has on her client.

«We do not like that there is more time; the outcome may be the same,» she remarked, adding, «In these offenses, there is an element of prolonged harm caused, and it is evident what harm has been inflicted on the victim due to the committed crimes and the entire process. Our aim is to conclude this as soon as possible.»

Prosecutor’s Accusation Against Monsalve

It’s important to remember that on December 11, the Public Prosecutor’s Office announced the closure of the investigation into the alleged crimes of rape and sexual abuse against former Interior Undersecretary Manuel Monsalve, a decision that opened the way for the next phase of the judicial process. After a year of inquiries, prosecutor Xavier Armendáriz confirmed the conclusion of the investigation, leading to a formal accusation.

Specifically, the prosecutorial authority is seeking a 10-year prison sentence for Monsalve as the perpetrator of rape, along with an additional 4 years for the crime of sexual abuse, both against the former subordinate from the Undersecretariat of the Interior who reported him.

In the scenario where the Oral Criminal Court convicts Monsalve and this results in actual imprisonment, the court will need to weigh the time the former undersecretary has already spent under precautionary measures, including six months in preventive detention at the Anexo Capitán Yáber and seven months under total house arrest at his residence in the Viña del Mar commune in the Valparaíso region.

It is worth noting that according to the investigation led by metropolitan prosecutor Xavier Armendáriz and chief prosecutor of Santiago, Francisco Jacir, the sexual assault allegedly occurred between the night of September 22 and the early morning of September 23, 2024, at the Panamericano Hotel in downtown Santiago, where Monsalve was residing following a dinner with the complainant—a subordinate—at a Peruvian restaurant.

Monsalve was formally charged on November 15, 2024, after being arrested the previous day in Viña del Mar.