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Regional Prosecutor of O'Higgins and Investigation of Forest Fires in Biobío: "There Are Many Similarities, the Cause Is the Same"

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In April 2017, the regional prosecutor of O'Higgins, Emiliano Arias, brought executives of the electric company CGE to court, charging them for their responsibility in the series of fires that occurred that summer in the communes of Paredones, Marchigüe, and Peralillo, which burned thousands of hectares.

During the three-day hearing, the prosecutor charged the electric company executives for their negligence in maintaining power lines, which allegedly caused fires in five locations. 

Although this case ended in a conditional suspension of proceedings, with multi-million-dollar settlements paid by the electric company to the victims, nearly seven years later, it is now being cited as an example by Biobío’s regional prosecutor, Marcela Cartagena, regarding the fires that occurred this summer and claimed 17 lives.

This week, Prosecutor Emiliano Arias met with his Biobío counterpart to review investigative files and found several similarities. Arias also participated in Prosecutor Cartagena’s public accountability session, where she announced the first round of formal charges for the fires in Nacimiento and Santa Juana.

During this public session, O'Higgins’ Regional Prosecutor Emiliano Arias gave one of his last interviews to Sabes.cl before leaving office in May, discussing the parallels between the 2017 and 2023 fires.

-How did the O'Higgins Prosecutor's Office investigate those forest fires?

- That investigation began before the fires, as we started working in the winter of 2016 with CONAF (National Forestry Corporation), anticipating that the region would burn. Through this work, we noticed a steady increase in forest fires with electrical origins, which were the most devastating. We began analyzing the phenomenon, and then the "firestorm" struck, affecting O'Higgins and Maule—a catastrophe. Since we already had teams prepared to investigate, we conducted the work, determining the electrical origin of several fires and the negligence of an electric company, something unknown at the time. It was documented, and back then, we formally charged the managers responsible for line maintenance and other areas of these electric companies. This led to the investigation and subsequent compensation for over 600 victims who lost everything.

-There were multi-million-dollar compensations here.

- It was billions of pesos—specifically, $13 billion, plus certain undisclosed settlements for larger properties, so the total was much higher. This prompted a cultural shift at CGE, which now consistently maintains clearance zones, reducing forest fires in the region.

 -Why was it only a conditional suspension, with no further legal action?

- The penalties for these crimes under the Forest Law would have been, at best, 541 days for each executive, followed by a lengthy civil compensation process lasting five to ten years, which victims would have had to pursue independently. So, our goal as prosecutors wasn’t just a conviction but resolving the criminal conflict appropriately—which meant compensating the victims.

-What lessons did the Public Prosecutor’s Office learn from these investigations?

-The key lesson is interagency collaboration. Beyond working with police, we also had to coordinate with CONAF and other institutions that know more about fires than we do. Since then, the National Prosecutor’s Office has significantly increased joint efforts, conducting training and implementing improved plans in Biobío and other regions, with positive results.

-How did the O'Higgins Prosecutor’s Office assist Biobío in this investigation?

- We’ve been collaborating for a while, coordinating via Zoom meetings and on-site visits. Our specialized prosecutor from O'Higgins, along with the team appointed by Prosecutor Marcela Cartagena—Prosecutors Michelangelo Bianchi and Jorge Lorca—reviewed the fires, analyzed case files, and ordered investigative measures. This work culminated Monday with the prosecutor’s announcement of formal charges against two individuals.

Are there similarities between the 2017 fires in O'Higgins and the 2023 fires in Biobío?

-It’s the same. If a fire starts due to electrical causes, it’s either an accident—like someone hitting a pole—with no criminal liability, or it’s due to poor maintenance. Electrical fires from neglect usually occur in remote areas, making them especially devastating. So, there are many similarities—the cause, the legal framework, and the approach are identical. I hope they succeed in the upcoming challenge because, before the formal charges, there were also search and seizure operations at the electric companies.

Source:www.sabes.cl