“I’m looking for arguments to reject, but at the moment, unfortunately I don’t have any.”
The phrase was written by the then Housing Seremi, Rocío Andrade on April 4, 2022 to the WhatsApp group that he maintained with other members of the Environmental Assessment Commission of the Metropolitan Region, who were getting ready to vote on Fundamenta’s Egaña Sustentable real estate project.
The detail of the chat, created by the former chief of staff of the presidential delegate Constanza Martínez (CS), Miguel Concha (RD and today candidate for mayor for Peñalolén) It is part of the investigation folder maintained by the Public Ministry following the complaint filed on December 30, 2022, the former Seremi of Social Development, Patricia Hidalgo, due to alleged “pressures” to approve or reject investment projects that were under the Environmental Impact Assessment System (SEIA). Hidalgo is advised by lawyer Marcelo Castillo and accused Martínez and the Undersecretary of Social Development, Francisca Perales, of intervening in the voting on the projects.
In the same cause, on December 15, 2023, Fundamentalsthrough the company Plaza Egaña SpA, filed a criminal complaint before the 7th Guarantee Court of Santiago. The criminal action is based on the crime of administrative malfeasance, and is directed against all those responsible for this crime, whether they are authors, accomplices or accessories.
The Ministry of the Environment, Sonia Reyes (CS) played a crucial role in preparing and coordinating the rejection. She informed her peers that the lawyer from the Ministry of the Environment, Sebastián Aylwin (Comunes) was reviewing the basis for voting on the real estate project, which at that time was harshly questioned by the mayor Emilia Ríos (RD). “Please confirm who else rejects me,” Reyes said.
The former seremi of Roberto Santa Cruz (PS) He said: “I mean, I think the government should come out united here, it would be terrible to come out showing differences.”
“Yes, here we will also reject, they tell me that I have more room to speak,” he said. Constanza Martínez.
According to the complaint, “The tenor of the messages confirms that the public officials involved recognize that there was no legal norm that supported a rejection of the project.” In his opinion, “there was no argument to reject the project, which technically had been duly reviewed and in the strictly environmental field fully complied with each of the requirements of the Environmental Evaluation Service.”
“This flagrantly illegal act by the authority generated discredit, uncertainty and damage to public faith not only in the real estate industry, but also in the economy in general,” stated Fundamenta’s criminal action sponsored by the lawyers Mario Vargas and Gabriel Silber.
“A concerted decision was reached, previously arranged, which only had the objective of avoiding or paralyzing the execution of the Egaña Project, thus responding to partisan or personal political motivations, far removed from the decision-making function that was entrusted to them,” he accused.
On March 2, 2023, The Supreme Court supported the project’s environmental permit and is currently more than 40% complete. after more than a year of delay.
In his presentation, Fundamenta maintained that the resolution of the Environmental Assessment Commission of the Metropolitan Region (Coeva) had serious consequences. It included the immediate closure of the “Egaña Sustainable Community” project, the loss of more than 600 jobs and significant economic damage to Plaza Egaña SPA. In addition, the company had promised to sell more than 500 apartments. The stoppage of the project generated uncertainty in the real estate industry and the economy in general, they indicate.
The complaint document highlighted that Coeva’s decision was “manifestly unfair” and contradictory with the technical recommendation of the Environmental Evaluation Service. The complaint accuses officials of acting knowingly and deliberately against the law, prioritizing political interests over technical and legal criteria.
The real estate company requested that the maximum penalties be applied to the public officials involved. These penalties include suspension from mid-level employment and a fine of eleven to fifteen monthly tax units. The complaint argues that the decision was premeditated and without valid technical or legal justification, causing significant damage to the company, the real estate industry and the economy in general.
In his complaint, he requested that the Public Ministry take a series of steps to clarify the facts. Among the proceedings requested, a broad investigation order is included for the Metropolitan Anti-Corruption Investigative Brigade. They are asked to report on the existence of the crime, the circumstances of its commission and the participation of those involved. In addition, statements are requested from Alfredo Palomino, in charge of the project’s architecture, and Rodrigo Benítez, legal advisor on environmental issues at Fundamenta, as well as from Sebastián Aylwin, head of the Environmental Assessment Office, and Rocío Andrade and Sonia Reyes , former Seremi of Housing and Seremi of the Environment, as witnesses.
Likewise, the complaint requests the taking of a statement from the presidential delegate, Constanza Martínez (CS) and the voluntary surrender of her cell phone to download relevant information related to the events, with the intervention of the Investigative Police. The Environmental Assessment Commission and the SEA are also requested to provide a copy of the audio and/or video record of the session of April 4, 2022, in which the project was voted on. Finally, the identification and taking of statements of all participants in the crime is required, ensuring that the necessary steps are taken to establish the responsibility of those involved. These proceedings are crucial to collect evidence and testimonies that allow progress in the investigation of the crime of administrative malfeasance.
