Télémédecine: la suggestion de la Cour de Santiago à Monsalve de ne pas affecter son droit au travail

Manuel Monsalve, former undersecretary of the Interior during President Gabriel Boric’s administration, has been under judicial scrutiny for over two years following allegations of misconduct made by a former employee of his office. The legal proceedings began on November 15, 2024, after the woman accused him of sexual violence allegedly occurring in September of that year. Since then, Monsalve has faced three precautionary measures imposed by the courts, starting with preventive detention from November 2024 until May 2025, followed by house arrest from May 2025 through July 2026, and finally a period of nighttime house arrest lasting 11 days ending recently. On July 23, the Seventh Court of Guarantee in Santiago accepted a request from public defender Víctor Providel to reduce the precautionary measure, citing the extended time Monsalve had already spent in custody, over 20 months or 617 days, as justification for modifying the restrictions. According to Providel, the court acknowledged this duration as a factor in adjusting the measure. He added that the court ruled out risks such as flight, recidivism, or threats against the accuser. However, last Monday, the Santiago Appellate Court overturned this decision by a vote of two to one, reinstating full house arrest following an appeal filed by the prosecution. The appellate panel, composed of judges Jenny Book, Guillermo Rodríguez, and Christian Carvajal, stated that the mere passage of time was not sufficient grounds for altering the precautionary measure, particularly given the severity of the alleged offenses. They argued that if convicted, the penalties would be severe enough to justify maintaining the current restrictions. The court also addressed another point raised by Providel regarding Monsalve's professional life. As a medical doctor, he has been unable to work for nearly two years due to the restrictions, relying solely on personal savings to cover living expenses and legal costs. In response, the appellate court noted that the existing house arrest does not prevent him from practicing medicine remotely via telemedicine. The court emphasized that many medical professionals sustain themselves through remote work, suggesting that this option remains available to Monsalve. According to sources close to Monsalve, the issue of employment was not formally raised by him or his team, but rather emerged through the arguments presented by his lawyer during the hearing. These individuals confirmed that the request for a change in the precautionary measure originated from Providel, not directly from Monsalve himself. They also indicated that his primary goal is to have the trial commence so he can prove his innocence. Legal representatives estimate that the preparation phase for the oral trial could take place later this year, with the actual trial potentially beginning in the first quarter of 2027. For now, the case continues in the investigation stage, with no immediate resolution in sight.