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Original article: Denuncias de privilegios a Macaya en la cárcel de Rancagua: sumario de Gendarmería sigue abierto tras casi dos años

Following revelations that Eduardo Macaya Zentilli—convicted to six years for multiple sexual abuse offenses against minors under 14—received alleged privileges while hospitalized in Rancagua prison, including after-hours visits, special access, and parking for family members, Gendarmería has opened an investigation that remains unresolved almost two years later.

Nearly two years after it was disclosed that Eduardo Macaya Zentilli may have enjoyed special treatment during his stay at the Rancagua Preventive Detention Center (CDP), the administrative investigation launched by Gendarmería de Chile to clarify the events remains unresolved. The delay in concluding the inquiry has sparked criticism and suspicion, particularly given that the case involves the father of senator and former UDI president Javier Macaya, and is intertwined with a criminal investigation concerning potential influence peddling.

The situation first came to light when El Mostrador reported that Eduardo Macaya Zentilli, convicted of sexual abuse against minors, had spent 74 hours in a hospital room at the Rancagua prison, specifically in a single room typically reserved for women. This unusual arrangement for the general prison population prompted immediate internal control mechanisms.

Consequently, Gendarmería announced the initiation of an inquiry to determine whether the allegations were accurate. According to journalistic investigations, the privileges extended beyond just a better room. Prison staff reported that the Macaya family, including son Javier Macaya, managed to enter during off-hours, utilizing reserved parking spots for personnel and gaining access to the facility via a tunnel meant only for Gendarmería officials.

The then-head of the Rancagua CDP, Colonel Ana María Garrido, was suspended amid the scandal as the administrative investigation commenced to ascertain if she had facilitated these unauthorized accesses.

Investigative reports gained access to an internal document from the health unit indicating that Macaya was «admitted by Gendarmería,» in stable condition with a diabetes diagnosis, while awaiting his classification and permanent assignment. This contradicted the official narrative that his admission was a routine procedure.

With Macaya’s Admission, Everything That Shouldn’t Be Done Was Done

The protracted internal inquiry contrasts sharply with the seriousness of the irregularities at the time. Former Gendarmería director Tulio Arce analyzed Macaya’s admission procedure, stating unequivocally that established protocols were violated.

«Gendarmería has protocols for transferring accused and convicted individuals. These protocols include security measures involving handcuffs and yellow vests. It is clear that the existing protocol for the transport of detainees was breached here,» he asserted in a radio interview.

A key informant from Gendarmería cited by El Mostrador remarked that, with Macaya’s admission, everything that should not have been done was indeed done.

The standard procedure for a common inmate involves, after reporting to the guard, going to the classification office for a photograph and a review of personal records, which facilitates the determination of criminological profile and risk level for appropriate compartment assignment.

«Technical classification aids in understanding criminological traits that are significant for assessing danger levels. Based on this risk level, inmates are assigned to the appropriate module. However, Macaya bypassed all of this and was sent directly to the prison hospital,» stated the same source.

This account is supported by the Executive Director of the Penitentiary Social Observatory, Galo Muñoz, who analyzed surveillance footage of the businessman’s entry.

He indicated that seeing Eduardo Macaya arrive carrying his bedding himself suggests that his admission to the hospital was prearranged, implying high-level arrangements were made.

“The hospital admission was ‘cooked,’ as he arrived with his belongings. Moreover, I have no doubt there was a legal maneuver involved. Mr. Macaya entered on a Friday after 6 PM, likely with no doctor present. There was no classification either. Everything was well planned by his lawyers,” he explained.

The San Fernando Oral Criminal Court, previously consulted by the source, denied liability, stating that the admission of the parliamentarian’s father occurred «as it does with all sentenced individuals in preventive detention» and that no request was made by the defense indicating a health issue.

This situation starkly contrasted with a prior preventive detention case when the defense indeed requested a permit for hospitalization due to an underlying illness. With this declaration, responsibility clearly lay with Gendarmería.

Reasons for the Delay

The prolonged resolution of the internal investigation—stretching nearly two years—has multifactorial explanations according to sources familiar with such procedures. Among other factors, it is attributed to over 3,500 cases added to the institution after the Audit Office detected irregular exits of staff with medical licenses abroad, compounded by the internal crisis facing the agency, reported El Mostrador.

In parallel to the administrative investigation, the O’Higgins High Complexity Prosecutor’s Office is pursuing a case for the alleged crime of influence trafficking. In this context, UDI deputy Jorge Alessandri has already testified to clarify the reasons for an email sent to the prison warden detailing medications required by Macaya Zentilli.

According to information published by CIPER, the email was sent from the institutional account of the Chamber of Deputies and included a list of medications to be provided to Macaya, accompanied by a medical certificate attesting to his illness. People familiar with the investigation have indicated that the deputy remarked to close acquaintances that it was his former colleague and party leader, Senator Macaya, who requested the information be sent to the facility in a phone conversation.

The investigator in charge of the internal inquiry has already ordered the Criminal Investigation Department to retrieve security camera footage from the facility. This aims to conduct a thorough «audiovisual autopsy» of Macaya’s time in prison, from the moment he arrived in a private vehicle without handcuffs or a yellow vest, carrying conspicuous blankets, until he exited 74 hours later with a backpack and three bags of his belongings. The fact that he carried his own blankets is also critical, as such items must be expressly authorized by Gendarmería after confirming they are truly fireproof, a measure implemented post the tragic San Miguel prison fire.

Visits and Privileges

The internal investigation will also need to address the special entries granted by Gendarmería to the Macaya family during the initial preventive detention period of the businessman, prior to his payment of a hefty bail that allowed him to return home.

At that time, a group of officials reported seeing family vehicles parked in a courtyard beside the officials’ housing, an exclusive area within the facility. Allegations pointed to unrestricted visiting hours and differential access.

As the case continues through both administrative and criminal avenues, the judicial aspects involving convicted Macaya Zentilli also keep generating significant developments. Recently, a new accusation of sexual abuse against him was reported by the school of the minor victim, adding to the four offenses for which he was already sentenced to six years of actual prison time. Furthermore, the Supreme Court had already rejected a nullity appeal filed by his defense, affirming the conviction.

La entrada Allegations of Privileges for Eduardo Macaya in Rancagua Prison: Gendarmería Investigation Remains Open After Nearly Two Years se publicó primero en El Ciudadano.