Original article: “Subordinó los intereses del Ministerio Público a un grupo político”: decretan prisión preventiva para Manuel Guerra

Court Imposes Preventive Detention on Manuel Guerra Amid Political Corruption Scandal

The 4th Guarantee Court of Santiago has ordered preventive detention for former regional prosecutor of the Metropolitan East Prosecutor’s Office, Manuel Guerra, in connection with the investigation related to the so-called Hermosilla case. He faces serious charges including aggravated bribery, administrative prevarication, and violation of secrecy.

This decision followed eight extensive sessions of formalization, during which the Public Prosecutor’s Office, the State Defense Council, and plaintiffs requested the strictest precautionary measure.

During the proceedings, Mario Carrera, the regional prosecutor of Arica and Parinacota, argued that Guerra’s freedom poses a risk to public safety and highlighted a potential flight risk given the severe penalties associated with the charges.

Carrera stated that Guerra subordinated «the interests of the Public Prosecutor’s Office to a specific political group.»

The Prosecutor’s Office suggested that the relationship between the former prosecutor and lawyer Hermosilla—who is charged with tax crimes, bribery, and money laundering—may have influenced at least five cases being investigated in the Metropolitan East Prosecutor’s Office during Guerra’s tenure from 2015 to 2021. These cases were politically connected to the right and included the notable Penta, Dominga, and Exalmar cases.

According to the accusation, the former prosecutor «allegedly repeatedly requested personal and ‘extra positional’ benefits from lawyer Luis Hermosilla Osorio, as well as advantages for third parties connected to him, exploiting his position,» reported El Mostrador.

GuerraPart of a «Criminal System»

In its ruling, the court asserted that the defendant appears to be part of a «criminal system.»

The judgment read by Judge Guillermo Rodríguez noted that while some of the prevarication and violation of secrecy crimes may be time-barred, other bribery offenses «are not time-barred as the defense claimed.»

Furthermore, the court upheld the legality of obtaining conversations between Guerra and lawyer Luis Hermosilla, emphasizing the existence of an «interest relationship.»

It also indicated that a «triangular communication structure» was established among Guerra, Hermosilla, and former minister Andrés Chadwick.

Systematic and Irreversible Damage to the Trust in the Public Prosecutor’s Office

According to the judge, “there is systematic and irreversible damage to the institutional trust of the Public Prosecutor’s Office” and made it clear that “collaboration is not sufficient to reduce a sentence,” referring to the more than 8 hours of testimony Guerra provided.

In court, the former prosecutor acknowledged the authenticity of WhatsApp messages included in the investigative file and confirmed that the conversations were genuine and held with lawyer Luis Hermosilla.

It is important to note that this marks the first instance of a regional prosecutor being imprisoned for serious crimes.

Following the notification of his preventive detention, Manuel Guerra was handcuffed and taken by Gendarmería to Capitán Yáber prison, where he will serve the precautionary measure for the 45 days set by the court for the investigation to proceed.