Vice President Cristina Fernández de Kirchner. . / Juan Mabromata / Archive
The vice president Cristina Kirchner today managed to momentarily stop the transfer of the cause of Macrista espionage to Comodoro Py. Is that your lawyer Carlos Beraldi Today he presented the extraordinary appeal before Room IV of the Federal Criminal Cassation Chamber to enable him to go to the highest judicial body, a court that – awaits – leaves the file in the courts of Lomas de Zamora. Precisely the case will then be defined in the Court, the same one against which Cristina Kirchner fired on December 9 last when completing a year of management as vice president. Any decision will be read in a political key. But in the meanwhile, Cassation decided to suspend the transfer of the file to the Retirement courts with suspensive effect.
As indicated to . judicial sources, with the presentation of CFK, Chamber IV of the Cassation, made up of the judges Mariano Borinsky, Javier Carbajo and Angela Ledesma, will analyze the appeal to define whether to grant the appeal or whether the complaint will have to appeal the complaint.
The data is not less: The court will analyze the presentation and determine whether to grant the appeal. The prosecutor in the case, Raúl Plee, has already been given his opinion. The decision will be made in the next ten days. But already in that section, the case will remain under the orbit of Lomas de Zamora until the Supreme Court reviews the question of jurisdiction. That is to say: the file will not reach Py imminently, said judicial sources. And if the appeal is admitted, the suspension remains in force because the decision made on Friday Cassation is not final..
For this reason, the case was “recalculated.” Last night, the Lomas de Zamora judge Juan Pablo Augé had ordered the file to be sent to Comodoro Py. Now, Borinsky himself, in his role as president of Chamber IV, informed Judge Augé today to request the return of the proceedings until the matter is analyzed.
In the presentation made this morning, Cristina Kirchner’s lawyer stated that last Friday’s Cassation decision to send the case to Comodoro Py looks like a “final judgment, since it irrogates charges of impossible or insufficient subsequent reparation.” “Although the contested resolution does not put an end to the case or pronounce definitively on the merits of the process, the nature of the encumbrance requires immediate consideration, as it constitutes the only opportunity to obtain adequate protection of the guarantee of the natural judge ”, it was maintained.
The lawyer adds: “The decision that causes the alleged offense was adopted by your Chamber, which should not have intervened in the case, given that this process had already been filed in Chamber I of this Federal Criminal Cassation Chamber. . On the other hand, my part was deprived of the possibility of questioning the actions of Your Excellency in this litigation, since it was omitted to notify the parties, as appropriate, of your intervention, prior to the delivery of the sentence. This meant an unequivocal burden on the right of defense in court ”.
Carlos Beraldi (Franco Fafasuli)
But Beraldi also stated that the decision was taken by a majority, recalling that judges Borinsky and Carbajo voted for the pass to Py but his colleague Angela Ledesma understood that he should continue in Lomas de Zamora and even questioned that Chamber IV was the one that had intervened in the matter (because Room I was already analyzing a related cause).
“Ergo, eIt is essential that the Supreme Court of Justice of the Nation intervene in the case and, immediately, issue a resolution that guarantees the prosecution and punishment of the criminal maneuvers denounced before the Courts that are competent by law. For all the above, there is an unequivocal case of institutional gravity that also corroborates the relevance of this appeal.”, Maintained Beraldi.
The complaint disqualified “the importance that it intends to assign to the AFI headquarters” in the Federal Capital, taking into account that it is “a center from which the illegal actions were directed to the CITEFA property, located in Villa Martelli” as well that what happened with the headquarters of the Federal Penitentiary Service and the Federal Penitentiary Complex of Ezeiza, which is located under the jurisdiction of Lomas de Zamora.
“Recap. The facts presented so far show that the decision to remove Federal Court No. 2 of Lomas de Zamora from the present investigation lacks serious arguments and is flatly opposed to the evidence incorporated into the case. Specifically, talking about a ‘nucleus’ that would have taken place in the Autonomous City of Buenos Aires without explaining what it would have consisted of, when there are concrete criminal acts in the province of Buenos Aires, clearly results in an arbitrary pronouncement. Much worse, if one takes into account the direct and immediate consequences that such a decision will entail, ”said Beraldi.
Dario Nieto, Macri’s secretary
In his words, Cristina Kirchner’s lawyer assured that “here an espionage maneuver is investigated that does not have similar antecedents in democratic times“Is added” other criminal figures that account for the nature of organized crime involved in the maneuver “and” for almost a year now, before the jurisdiction of Lomas de Zamora has been carrying out a very serious investigation, in which dozens of investigative statements have been received, prosecutions already confirmed by the Chamber have been issued and the procedural situation of almost forty people is pending resolution.
“The prosecutors involved in the process know in detail the entire process of the case and have carried out a procedural activity that up to now has produced important results,” he said. Therefore, there is no doubt that a change of actors will be significantly detrimental to the success of the process ”.
The cause that was born in Lomas de Zamora has a significant importance for Kirchnerism. It is that from there it was possible to demonstrate, on the one hand, the surveillance on the then former president Cristina Kirchner in the Patria Institute during 2018, but also a WhatsApp group exposed the illegal espionage that was carried out on opposition leaders to macrism and also on members of that space as Horacio Rodríguez Larreta and María Eugenia Vidal, along with journalists and union members. And he also opened the chapter on surveillance of the so-called prisoners K.
In the case of the Patria Institute, the former heads of the AFI are already with confirmed prosecution Gustavo Arribas and Silvia Majdalani, the former head of Special Operationss Alan Ruiz and the counterintelligence manager Martín Coste. In investigation by politicians and prisons they are charged Arribas and Majdalani, the former director of the Emiliano Blanco Penitentiary Service and the former private secretary of Mauricio Macri, Darío Nieto, among others, added to a group of AFI agents, police and penitentiaries and the former Casa Rosada official Susana martinengo.
Judge Juan Pablo Augé It had to decide from December on whether to grant the request for prosecution for illicit association that the prosecutor Cecilia Incardona and other plaintiffs had requested. Prosecutors had called for Nieto’s lack of merit, but the complaints had accused him. The subject was without definition.
The Cassation decision to refer the case to Comodoro Py, where it remained in the hands of the judge Maria Capuchetti and the prosecutor Carlos Stornelli, shook the government. It was last Friday. On Saturday, the president Alberto Fernandez and the minister Marcela losardo they openly questioned the judiciary and its credibility.
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Cristina Kirchner wants the Supreme Court to stop Comodoro Py from passing the case for espionage during the Macri government
The case for illegal espionage during the Macri government passes to the orbit of Comodoro Py