The argument of Monsalve's defense to request (and win) the reservation of the hearing

The defense of the ⁤former undersecretary scored a first victory when‌ Judge Mario Cayul took up one of ⁢his ⁣arguments to determine the confidentiality of⁢ the hearing ⁣once the Public Ministry‌ indicates ⁤the crimes that the former authority is accused of.

After 9 in the⁢ morning,‌ Manuel Zacarías⁢ Monsalve Benavides (59 years ‌old), former Undersecretary of the Interior of the‌ President Gabriel Boric entered the Seventh Guarantee Court to ‌be part⁤ of the formalization hearing against‌ him, derived from the investigation carried out by the Public Ministry against⁣ him for the crimes of rape and sexual⁤ abuse,⁤ allegedly carried⁤ out towards⁢ a ⁤subordinate of the Undersecretary ⁤of the Interior.

Monsalve appeared before media cameras with handcuffs on his wrists.‌ In fact, after the introductory part of the hearing, in which‍ the Public Ministry ‍teams were presented: prosecutors Xavier Armendariz⁢ y Francisco Jacir; the complaining party, led by María Elena Santibáñez;⁣ and the defending party, in charge of María Inés Horvitz ⁤ former counselor of State⁢ Defense Council.

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It was the latter who asked the judge Mario Cayul that Monsalve’s handcuffs be removed, a request to which the magistrate agreed. This is how the⁤ Gendarmerie team removed the metal that prevents hand movement.

Manuel ⁢Monsalve at the formalization hearing

He‍ defending team firstly, he ‍expressed a certain ⁤illegality in the detention⁣ of⁤ the former undersecretary on Thursday in his department in Vina del Mar. The defenders⁤ stated that, in conversations with the Public Ministrythey reported that the accused was ready to resolve the investigation. “What ⁤didn’t‌ we do‌ to ‍not collaborate?“he pointed‌ out Horvitz.

“We were not certain that this ⁣hearing would ⁣take place,” the prosecutor stated as a‍ counterargument. Armendarizwho pointed out that the arrest warrant requested by⁤ a magistrate and ⁤executed by‍ the Investigative Police (PDI) it ‍was an “order that is within the powers.” “The accused risks severe, severe penalties,” the ⁣prosecutor mentioned in his speech.

Judge Cayul rejected the defense request and stated the legality of the arrest that⁣ occurred yesterday.

Request⁢ to reserve the⁤ hearing by⁤ the defense

Subsequently, the judge consulted the parties about some observations that could ‍be made. It was there where the Public Ministry He ⁤abstained from what the complaining party

It was there ‍that lawyer Santibáñez ⁤requested that the hearing not be⁢ reserved, ⁢unless, if images⁣ of⁢ the victim were ⁢transmitted, ‌an exception be made so as not‌ to reveal the identity.

On the opposite sidewalk, meanwhile, the position was clear.⁣ Monsalve’s defense requested that the hearing ⁣be reserved. “It represents an exhibition of a ‍moment of privacy of our client… There ⁢is⁢ none‌ that constitutes⁤ a crime,” mentioned the lawyer. Christian Arias.

After marking the points, the judge Cayul made a ⁤decision ⁣regarding the ⁣publicity of the meeting. ‍

“I will only⁢ allow ‍the presence of the press media. Of all,⁤ institutional, channel ‍of⁢ the Judiciary, the press media present (…) only until the end⁣ of this hearing in which the investigation is formalized. Everything else ⁣will be reserved“he warned.

That decision, he⁣ argued, “protected the allegations that the defense has raised: presumption of innocence and treatment of the innocent. And obviouslyavoid any ⁤re-victimization of the victim given the crimes ⁣being investigated“.

And he specified: “The hearing will be ⁣public for the⁤ media and broadcast until the Public Ministry completes the⁤ formalization of the ‍investigation.. Everything else will be behind⁢ closed doors with ‌the presence of the speakers and colleagues present in the room.”

How does ⁤the principle of presumed innocence ‍apply in high-profile legal cases like that⁤ of Manuel Monsalve?

Interview Between Time.news‍ Editor and Legal Expert on the Manuel Monsalve Case

Time.news Editor: ⁤Welcome, everyone. Today, we’re diving into a pivotal case ⁢that has captured public ⁣attention: the formalization hearing for Manuel Zacarías Monsalve Benavides, the former‌ Undersecretary⁢ of the Interior, ‌facing ‍serious allegations of rape and sexual abuse. To help us understand the intricacies, we⁤ have legal expert, Dr. Clara Salinas. Clara, thank ⁢you for⁢ joining us.

Dr. Clara Salinas: Thank ‌you for ‍having me. It’s‌ a pleasure to be ⁢here.

Editor: Let’s‍ start with⁤ the basics. Monsalve entered the Seventh ‌Guarantee Court under significant media⁣ scrutiny. ⁢What⁤ does this say about the nature of the allegations and their impact on public ⁢perception?

Salinas: It highlights ⁤how seriously ‌society views allegations of sexual violence, especially when they involve public figures. ‍The very ⁢presence of cameras‌ and the handcuffs on⁢ Monsalve signify ⁢the‌ gravity⁤ of the situation, ⁢not⁤ just for him personally, but for the institutions he ⁢represented.

Editor: Indeed. ⁤During the hearing, we saw Judge Mario Cayul⁣ rule on the⁣ confidentiality of ‌proceedings ⁤after the Public Ministry outlined the charges. Why is confidentiality important in such⁣ cases?

Salinas: Confidentiality is crucial to protect the integrity⁤ of⁣ the ‌investigation and the privacy of ‍the individuals involved, especially the complainant. If sensitive information is disclosed, it could influence public opinion and potentially the outcome of the case. The ‌judge’s role here⁤ is to balance ⁤the public’s right‌ to know⁢ with these⁢ vital protections.

Editor: ⁤ Monsalve’s⁣ defense argued⁢ about the illegality of his⁤ detention. They claimed⁣ he was cooperative and ⁢prepared to resolve the investigation. How do such claims typically play‍ out in court?

Salinas: Defense strategies often include challenging the legality⁢ of detentions to weaken the prosecution’s case. In ⁤this instance, they ‌are trying to paint Monsalve as cooperative. However,⁣ as Prosecutor Xavier Armendariz pointed‌ out, ⁣the arrest was ⁢executed under a magistrate’s order, ⁤indicating that there was a valid reason for it. Ultimately,⁤ the court will need to evaluate the specifics of‍ how that arrest was conducted.

Editor: The prosecution stated Monsalve faced “severe penalties.”⁣ Can you touch on what that might entail?

Salinas: If convicted of the crimes he’s accused of, which ⁤are quite serious, he could face substantial prison time. In many jurisdictions, penalties for rape and⁤ sexual abuse can be very severe,⁤ often ‌involving ⁤lengthy sentences, particularly‌ if there are aggravating factors such as abuse of⁢ authority,⁣ which seems to⁢ be a key element in this case.

Editor: Also, the ⁤judge allowed for the removal of Monsalve’s handcuffs—what message does ⁣that send?

Salinas: Removing handcuffs can be a symbolic gesture, suggesting that while ‍the court acknowledges the seriousness of the⁣ charges, it also recognizes the principle of presumed innocence until‍ proven guilty. It’s also a measure‌ to maintain respect and ⁢dignity, particularly in a formal legal ⁢setting.

Editor: There was also ‌mention⁢ of the⁢ defense’s request to reserve ‍the⁣ hearing. What would that involve?

Salinas: A request for a private hearing can arise from concerns about the impact of ‍publicity or to protect sensitive information. Such requests are typically evaluated‍ on ⁢their merits, weighing the importance of confidentiality against the public interest in the proceedings. ‍

Editor: ⁢ Thank you, Clara, ‌for your insights into⁤ this ⁤complex ‌case. It’s ⁤certainly a critical ⁢moment for everyone involved,⁢ and we will ⁢keep our readers updated as ⁣the situation develops.

Salinas: My pleasure! It’s essential to stay informed, and I look⁢ forward to discussing the outcomes as they unfold.

Editor: Absolutely.‌ Thank you for joining ⁤us today, and thank you‍ to ⁤our viewers ⁢for tuning ‍in. Stay safe and stay informed!

The argument of Monsalve’s defense to request (and win) the reservation of the hearing

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