Communist Deputy Irací Hassler sued the Treasury and the Office of the Comptroller General of the Republic before Santiago’s 7th Civil Court, according to El Mostrador. The former Santiago mayor seeks to annul the decision that found her administratively responsible for the failed purchase of the former Sierra Bella Clinic.
The action is a public law annulment lawsuit. This legal mechanism allows a person to ask a court to invalidate a state action on the grounds that it is contrary to law.
In May, the Comptroller General’s Office approved the administrative inquiry into the case. It concluded that Hassler breached the principle of probity when she signed the decree authorizing the acquisition of the properties. However, the office imposed no disciplinary measures on her.
The central criticism concerned the price. The municipality authorized a payment of $8,248 million, while the seller had bought the same properties about six months earlier for approximately $2,231 million. In the Comptroller General’s Office’s view, the municipality did not do enough to justify that gap.
The oversight body also objected to how the transaction was handled. It criticized the failure to have the municipal Internal Control Department review and approve the purchase beforehand. It also questioned the broad authority granted to an outside lawyer to close the deal.
The defense, led by lawyer Leonardo Cofré, alleges "serious legal defects". Its argument is that the Comptroller General’s Office exceeded its powers by assigning responsibility for facts that had also been examined by the criminal courts.
On the price, the lawsuit maintains that the municipality requested three commercial appraisals from independent professionals before approving the purchase. It also says that the tax assessment and title review were taken into account. In the defense’s view, the difference between the two values is insufficient to establish an administrative violation.
Hassler also argues that the Comptroller General’s Office did not specify which concrete legal duty she personally had allegedly breached. According to her lawyer, this undermines the principles of legality and specificity, which require a clear description of the alleged misconduct.
Regarding the other allegations, the lawsuit argues that no law requires a specific procedure for a municipal property purchase. According to the lawsuit, there is also no rule prohibiting the use of an outside lawyer to complete it.
The defense notes that no municipal funds were transferred and that the transaction was halted when the Comptroller General’s Office instructed it to stop. Santiago’s 7th Civil Court must now decide whether to annul the decision. The source provides no information on deadlines or the Treasury’s response.
