In an extensive day that began at 9:00 in the morning, and a few days before the first round of the elections, President Sebastián Piñera successfully bypassed the constitutional accusation against him, the second of his term.
The accusatory libel against the President failed to gather the quorum of two thirds (29 votes) necessary for its approval. The first chapter was rejected with 24 votes in favor, 18 against and 1 abstention, while the second did not prosper either, reaching only 22 supports, 20 rejections and one abstention.
It is worth remembering that this second accusation against the President had as its main argument the revelation about the sale of the Dominga mining company in the Virgin Islands -a tax haven- to his personal friend Carlos Alberto Délano in 2010. The investigation revealed a controversial clause for the payment of the third installment, which depended on the fact that there were no regulatory changes that would impede the development of the mining project, which depended on the government that at that time was headed by Piñera himself.
One of the votes that was doubtful was that of Senator Manuel José Ossandón (RN), who days before had declared that “my hand will not shake to decide either of the two alternatives. For that reason, that I have read it, I believe that information is lacking, but it must be analyzed on its merit “.
However, during his speech in the Senate Chamber, he considered that “the first part of the accusation of the President does not respond to the merit of libel.” Along these lines, he pointed out that “today I have no record to vote in favor of the removal of the President,” after which he announced that he was abstaining.
Another vote that generated expectations was that of Carolina Goic (DC), due to the friction caused in the opposition days ago after rejecting the fourth withdrawal of 10% of the pension funds. The parliamentarian voted this time aligned, and argued that “impunity also threatens our democracy. Holding the first magistracy cannot be a kind of shield for personal attitudes that are at odds with ethics and probity.”
Aware of the adverse scenario, the presidential candidate of the New Social Pact, Yasna Provoste (DC) assumed that “the closed defense and oblivious to the antecedents of the senators of the right will make it impossible” for the accusation to be approved. But, he said, “history will judge what, I am convinced, is the worst government in democracy in the last 70 years (…) Chile deserves more, it deserves that situations like these not be repeated.”
“It is incomprehensible that once again Piñera is saved,” Senator Loreto Carvajal said in turn with disappointment during her substantiation of the vote.
Regardless of the result, the truth is that it is a defeated President, that is at least the position of political analyst Marco Moreno, who after the approval of the accusation in the Chamber of Deputies, said in an interview with The Political Week of El Mostrador that “regardless of what happens in the Senate, I believe that the political defeat of President Sebastián Piñera is already there. Piñera was defeated politically. I believe that the accusation in the Chamber of Deputies ended up putting a tombstone on his attempt to have a legacy, to his attempt to be a ruler who transcends history, because history will remember him as a President who was accused on two occasions. “
In favor of the first chapter of the accusation, the following have voted: Alejandro Guillier; Carlos Bianchi; Isabel Allende (PS); Rabindranath Quinteros (PS); Adriana Muñoz (PPD); Yasna Provoste (DC); Jorge Soria; Juan Pablo Letelier (PS); Carlos Montes (PS); Guido Girardi (PPD); Carolina Goic; Jaime Quintana (PPD); José Miguel Insulza (PS); Alfonso de Urresti (PS); Pedro Araya; Loreto Carvajal (PPD); Ricardo Lagos Weber (PPD); Álvaro Elizalde (PS); Alejandro Navarro; Juan Ignacio Latorre; Jorge Pizarro (DC); Ximena Rincón (DC); Ximena Órdenes and Francisco Huenchumilla.
Meanwhile, the ruling party as a whole rejected both chapters: Iván Moreira (UDI); Carmen Gloria Aravena; Felipe Kast (Evópoli); José García Ruminot (RN); David Sandoval (UDI); Juan Castro (RN); Kenneth Pugh (RN); Ena von Baer (UDI); José Miguel Durana (UDI); Jacqueline van Rysselberghe (UDI); Rodrigo Galilea (RN); Claudio Alvarado (UDI); Marcela Sabat (RN); Luz Ebensperger (UDI); Francisco Chahuán (RN); Alejandro García-Huidobro (UDI); Juan Antonio Coloma (UDI) and Rafael Prohens (RN).
Senators DC Ximena Rincón and Francisco Huenchumilla voted in favor of the first chapter of the indictment, but rejected the second.
Senator Coloma appreciated the rejection of the accusation: “I hope sanity returns, or rationality returns. The country needs to understand itself, respect the institutionality, not abuse it.”
While the session was taking place, different government authorities made a campaign through Twitter with the hashtag #CuidemosLaDemocracia. For example, the Minister of Social Development, Karla Rubilar, tweeted that “I am confident that today the Senate will live up to the republican history of our country and will reject the CA. Chileans hope that we will continue working for the development and well-being of families. and that they have the opportunity to fulfill their dreams. “
Meanwhile, the Minister of Education, Raúl Figueroa said that “presenting an accusation that has no basis, based on falsehoods and weeks before the elections has no other qualification than populism. I trust that the Senate will be able to put Chile above the calculations petty that damage democracy “.
The intervention of the accusing party
The debate in the Senate – which fulfilled the role of jury – began at 09:00 in the morning. Deputy Gael Yeomans (CS) was the first to argue the accusation in the Chamber, pointing out that “it demonstrates a notable conflict of interest, incompatible negotiations and an unethical act of Mr. Piñera.”
“We are talking about corruption (…) the Piñera Morel family intended to benefit directly from the decision of the head of government,” argued the parliamentarian during her speech. “The President intends that we believe that he had no knowledge of these businesses, the success of which is linked to decisions that correspond to him as President,” added Yeomans.
Later it was the turn of Leonardo Soto (PS), another of the accusing deputies, who described the day as “historic” in which “everyone will have to choose which side they are on (…) of those who accept corruption as an inevitable phenomenon or those who wish to act against it. “
Likewise, Congressman Gabriel Silber (DC) stated that “the violation of probity has seriously damaged many democracies in our region and has brought down governments throughout Latin America.”
Then it was the turn of President Piñera’s lawyer, Jorge Gálvez, who intervened for 60 minutes. In the first place, he argued that “it is a lie that the Piñera Morel family carried out the sale of Dominga.” He also recalled the investigation carried out by the prosecutor Manuel Guerra, indicating that “he found that there was no precedent.”
“What is being proposed today is a devaluation of the President’s career (…) there is a personal criticism and his career,” added the lawyer.
Senators’ speeches
After the accusing party presented their arguments in favor of the accusation, and after attorney Jorge Gálvez defended himself, it was the senators’ turn to base their vote. For this, each one had a time of 15 minutes. From the ruling party they entrenched themselves in the lack of foundations of the accusatory libel, while the opposition considered that there was precedent to approve it.
The first to intervene was Iván Moreira (UDI), who argued that “we are facing a constitutional accusation that is a great deception” and assured that “what is behind this is an electoral issue.” Along the same lines, Senator Felipe Kast (Evópoli) argued that “it is a manifestly inadmissible accusation and lacking foundation.”
Meanwhile, Senator José García Ruminot indicated that “I have heard both the accusatory arguments and those of the defense and I have founded the determination that the arguments are unfounded.”
On the side of the ruling party, Senator Alejandro Guillier said that “it is not gratifying to see how the face of the President of Chile appears in the international press as a champion of corruption.”
Guido Girardi (PPD), for his part, exemplified the damage that the Dominga mining project could generate in the Pingüino de Humboldt National Reserve, saying that “it would not occur to me that a mining company could destroy Machu Picchu, and that this would be accepted by the Peruvians “.
“The actions of the President of the Republic are contrary to the constitutional precept of Chapter 8, since he departs from acting in a proven, honest and prudent manner,” said Alfonso de Urresti (PS).
