From Supreme Court to Jail: Prosecutors Seek Preventive Detention for Former Minister Ángela Vivanco

Original article: ¿De la Suprema a la cárcel?: Fiscalía pide prisión preventiva para exministra Ángela Vivanco

Vivanco was arrested on Sunday at her home in the Las Condes commune, in connection with the so-called «Bielorrussian Doll» plot, where she faces charges of bribery and money laundering.

In an unprecedented event in recent Chilean judicial history, the Regional Prosecutor’s Office of Los Lagos on Monday requested preventive detention for former Supreme Court Minister Ángela Vivanco Martínez. The request was made during her formalization hearing at the 7th Guarantee Court of Santiago, where she was indicted for repeated bribery and money laundering in the context of the so-called «Bielorrussian Scheme» of the Audio case.

Vivanco’s arrest occurred on Sunday night by Carabineros, following a judicial order issued after the Supreme Court’s resolution which had previously accepted a complaint against her, thus allowing the criminal process against her to advance. Vivanco appeared before Judge Cristián Sánchez with her hands cuffed.

The Charges: Bribery and Money Laundering in the «Bielorrussian Doll» Case

During the hearing, Los Lagos regional prosecutor Carmen Gloria Wittwer presented the facts that substantiate the formalization.

According to the investigation, Ángela Vivanco, along with her partner Gonzalo Migueles Oteíza, allegedly received at least 90 million pesos while protection resources related to the dispute between state-owned Codelco and the Chilean-Belarusian consortium Belaz Movitec (CBM) were being processed in the Supreme Court.

The consortium was represented by lawyers Mario Vargas and Eduardo Lagos, who, along with Migueles, have been in preventive detention since November 15 for their alleged participation in a scheme to favor CBM.

The prosecution detailed that, in her role as minister, Vivanco allegedly voted in favor of resolutions that benefited the consortium in the midst of litigation over a failed tender, forcing Codelco to disburse nearly 17 billion pesos.

With that money, the company allegedly paid fees to lawyers Vargas and Lagos, who in turn funneled part of those funds to the former minister and her partner, in a mechanism where, according to the investigation, the land conservators Sergio Yáber (Puente Alto) and Yamil Najle (Chillán), as well as the currency trader Harold Pizarro, intervened, currently under house arrest for their collaboration.

Prosecutor Wittwer was firm in her arguments: «With a violation of her duties, during the processing of protection resources before the Supreme Court, she voted in favor of favorable resolutions for the procedural and monetary claims of CBM, forcing Codelco to disburse millions to the consortium, funds with which the company paid the lawyers’ fees, who subsequently funneled part of these resources to then-Minister Vivanco and her partner, Víctor Gonzalo Migueles Oteíza, who, in concert with her, facilitated the means to receive the payment.»

Request for Preventive Detention

Prosecutor Marco Muñoz laid out the arguments for the request for the most severe preventive measure. «The prosecution will request that preventive detention be decreed regarding Ms. Ángela Vivanco Martínez,» he stated before the court.

The prosecutor argued that the «conditions of Article 140, sections A, B, and C of the Procedural Criminal Code are met, considering that there are sufficient grounds to justify the existence of the crime and also to reasonably presume her involvement as the author of the charges of bribery and money laundering,» reported Bio Bío Chile.

In response, Vivanco’s defense lawyer, Jorge Valladares, tried to invalidate the procedure, requesting that her arrest be declared illegal.

Valladares claimed a violation of her right to a proper defense: «There is an impact on the defense aspect which involves having sufficient time to prepare a defense with a lawyer who is just starting out,» he stated.

«There is also a violation of the right to freely designate a defender, which is what happened yesterday (…) this causes an impact, because it ultimately exposes her to a discussion without having technical defense,» he added. However, this request was denied by the court.

Vivanco: From Supreme Court to Jail?

The formalization hearing began around noon on Monday, was suspended at approximately 1:30 PM, and resumed at 2:30 PM, where the request put forth by the prosecution will continue to be reviewed. Judge Cristián Sánchez is expected to rule on both the legality of the formalization and the request for preventive detention.

This case marks a milestone in Chilean justice, being the first time in decades that a former Minister of the Supreme Court faces such a significant criminal process and may remain in preventive detention. The investigation is ongoing, and further actions are expected to determine the total flow of money and the full extent of the alleged corruption network.