Ángela Vivanco Claims to Be a «Victim,» But Testimonies Reveal Pressure and Irregularities in Judicial Processes

Original article: Ángela Vivanco se dice “víctima”, pero relatores describen presiones, saltos en la fila y maniobras irregulares

Angela Vivanco, the former Minister of the Supreme Court who was removed from office in October 2024 and barred from holding public positions, faces a challenging judicial landscape as she is investigated for bribery, corruption, and money laundering in connection with the «Belarusian Doll Bielorrusa» case, stemming from the Audio case.

Vivanco, who is also facing a series of allegations presented by the Prosecutor’s Office against her, continues to portray herself to the public as a «victim.» However, testimonies from Supreme Court clerks, officials, and even internal records from the country’s highest court reveal that she allegedly exerted pressure, made unusual requests, engaged in irregular maneuvers, and conducted interactions outside established protocols concerning at least six cases processed in the Third Chamber.

The «Belarusian Doll» Case

It is important to note that the «Belarusian Doll» case centers around the legal conflict between the state-owned Codelco and the Belarusian consortium Belaz Movitec SpA (CBM). The origin of the dispute was a breach of contract for works at Codelco’s El Salvador Division, where the copper company accused the firm of only completing 23% of the work, accumulating six months of delays, and experiencing a fatal accident. Following this, Codelco collected guarantee bonds amounting to $17 billion (approximately US$20 million) and retained the company’s machinery, a move initially supported by the Court of Appeals in Copiapó.

However, the situation took a dramatic turn when the Third Chamber of the Supreme Court, provisionally led by Minister Ángela Vivanco, accepted a protective action filed by the Belaz Movitec consortium and ordered the state mining company to carry out the «immediate restitution» of the equipment and guarantee bonds. This ruling was issued in just six days, without the case being formally on the agenda. Later, the same Chamber confirmed its decision and expanded the benefits for the consortium, requiring Codelco to pay an additional US$4 million for transportation and US$1 million for adjustments and VAT.

Nonetheless, investigations carried out by the regional prosecutor of Los Lagos, Carmen Gloria Wittwer, reveal that Vivanco’s rulings compelled Codelco to disburse more than $17.5 billion to the Chilean-Belarusian consortium.

Ángela Vivanco Declares Herself a «Victim» of Persecution and a «Media Circus»

Despite the accusations, in various interviews, the former magistrate has repeatedly asserted her innocence, claiming to be a victim of «unfounded persecution» and a «media circus,» expressing that she feels «mistreated,» and launching severe critiques regarding how the Judiciary has handled the case.

«No one here is laughing at the country. I have no ties to anything public other than the position I held; no one here is laughing at the country; I am a very serious person,» she stated to the press on Sunday, November 16, as she cast her vote in a polling station in Las Condes.

The former minister also defended her career, emphasizing that her entry into the Judiciary was not due to job necessity but out of a commitment to public service. «I entered the Judiciary with the conviction to help administer justice. I had a long academic and professional career, and I didn’t enter because I was unemployed but because I wanted to contribute to the country,» she asserted.

Vivanco additionally claimed before the Supreme Court justices that she and her family are victims because her name has surfaced publicly, and she denied any connections with lawyers Mario Vargas and Eduardo Lagos, who have been formally charged alongside her partner, Gonzalo Migueles, in the Belarusian case for bribery, corruption, and money laundering.

She insists she has no «direct link» with them, despite photographs, visits, and records indicating they maintained a close relationship.

Regarding the contested session in the Third Chamber of the Supreme Court, which she presided over when reviewing the action filed by the Belaz Movitec consortium against Codelco that initiated the Belarusian plot, the former minister maintains that nothing unusual occurred.

Her statements also contradict reports of interference noted by the Supreme Court justices during the process of forming ternary nominations for the coveted position of Real Estate Conservator in Viña del Mar and Concón, where she reportedly played a questionable role, according to documentation obtained by the country’s highest court.

Clerks’ Testimonies Complicate Vivanco

Elements from the investigative file accessed by El Mostrador reveal testimonies from Supreme Court clerks that complicate the former minister.

According to journalist Paulina de Allende-Salazar on Punto por Punto, at least four officials reported undue pressures and irregularities by their superior (Vivanco) during the processing of six cases, in addition to the well-known Belarusian plot.

Two of these cases are related to potential irregularities detected during the processing of complaints and cessation motions filed by Consorcio Construcciones Kodama Limitada against three justices of the Santiago Court of Appeals: Maritza Villadangos, Paola Díaz, and sitting lawyer Jorge Gómez.

In the legal action, Kodama accused abuse in a ruling that set the compensation for the company at $17 billion.

«Minister Ángela Vivanco denied having a more in-depth knowledge of the case than what had been presented in the hearing,» indicated one of the clerks who went to court to report the incidents.

He also pointed out that although he was not the author of the ruling, she exerted intense and unusual pressure to expedite the drafting of the ruling project.

«The minister, via her secretary at the notary public in Peñalolén, insisted daily on more than one occasion, sometimes every day, to expedite the drafting of the ruling,» the clerk recounted in his testimony.

He noted that he had never experienced a situation like this and asserted that Vivanco explicitly expressed and even wrote to convey her interest in having the project promptly signed.

In the audiovisual report, the journalist highlighted that the complaint indicates that the Kodama Consortium obtained approximately 9 billion pesos over what was determined in the initial ruling.

«More was granted than what Kodama was requesting, and this was pointed out to the chamber during deliberation; there was no response, and something was effectively granted that had not been appealed,» the witness noted.

Paulina de Allende-Salazar indicated that «skipping the queue and expediting the drafting of rulings» are part of the actions that the former Supreme Court minister is alleged to have taken regarding various cases.

The complainants have also highlighted the cassation motions filed by the Environmental Assessment Service and Levaduras Collico S.A. against the sentence issued by the Environmental Court.

«She ordered us to specify the wording of the ruling, and once drafted and delivered, it was personally expedited by her for the approval of the other ministers,» recounted another clerk.

Expedited Ruling in Favor of Guido Guirardi

The report also mentions a protective action where the appellant was former senator Guido Girardi (PPD), who sought to recover and protect brain data recorded by software. Girardi was unaware that all those collected elements remained in a virtual cloud, and in his quest to recover his data, he initially went to the Court of Appeals, where he found success.

Given this scenario, he approached the Supreme Court, where not only did he win, but he also managed to have his case skip over a hundred positions.

«I was asked by the minister to promptly bring this case to the chamber, to report on it. The minister requested that the ruling project be delivered that same week,» described another official.

Record Time Ruling for Global Beauty SpA

Concerning an action presented by Global Beauty SpA against an arbitrator, there was similar urgency and mandate from Ángela Vivanco, and in this case, according to testimonies revealed, there were over 100 pending cases on the docket of the Court, whose order was not respected.

«She contacted me directly. All these requests to expedite cases were made without the other ministers present. Particularly when Mr. Sergio Muñoz and Ms. Ravanales were absent, I had never encountered a situation where I was asked to draft a ruling on the same day,» a clerk complained.

Reduction of a Fine for Ponce Lerou

According to a report by El Mostrador, another of the facts investigated by the Supreme Court’s Ethics Commission is a ruling in favor of businessman Julio Ponce Lerou, related to the reduction of a substantial fine of $65 billion imposed by the Superintendence of Securities and Insurance due to a scheme of stock market operations that allegedly negatively affected other investments, such as those of pension funds.

According to an article published by CIPER, Vivanco reportedly showed «special interest» in this ruling, inquiring about the status of the rulings, timelines, and when it would be signed.

Ultimately, the fine was reduced to $2.8 billion, which at the time raised serious suspicions regarding the minister’s impartiality.

«Vivanco Became Angry and Yelled»

Additionally, there are other irregularities linked to orders issued by Vivanco to place cases on the agenda and expedite rulings even without being in court.

«The recurrent party was the company Transportes Urca, and the lawyer for this company was Ms. Jimena Risco Fuentes, who worked with Luis Hermosilla and later in the Interior Ministry when the criminal lawyer was an advisor to that portfolio in Sebastián Piñera’s second term,» recounted one of the clerks.

«I received a WhatsApp message from Ms. Vivanco and realized that what the minister wanted was for me to tell her whether the agreement was to confirm the sentence or revoke it. And it turns out that part of my obligations as a clerk is to maintain secrecy. When I continued to refuse, she became angry and yelled at me, which was very strange,» she added.

In this regard, journalist Paulina de Allende-Salazar recalled that lawyer Risco is very close to Mario Vargas, with whom she is part of a circle of attorneys closely related to Hermosilla.

While Ángela Vivanco insists that nothing abnormal or illegal occurred in the Third Chamber of the Supreme Court while she presided, neither in the Belarusian Doll case nor in the other cases reported by the clerks, the Public Prosecutor’s investigation continues to ascertain whether she engaged in bribery, corruption, and money laundering.