2023-05-01 03:05:00
The trial that revealed cyber patrol maneuvers in Cipolletti culminated in a sentence of 2 and a half years in effective prison for Franco Hernández, son of Ruht Montecino. The 21-year-old was tried for the crime of coercion that provides for sentences of between 2 and 4 years. His criminal record made it impossible for him to access the benefit of a suspended sentence.
Days ago the trial judge Alejandra Berenguer announced the arguments of her ruling. She assured that Hernández exercised coercion in the context of gender violence once morest a young woman from the environment of Silvana Larralde, current president of the Cipoleño Deliberative Council.
His testimony was key in the criminal proceedings. The official recounted details of the threats and constant intimidation of the young man. She even assured that the victim spent a few years without being able to have a normal life.
A psychologist from OFAVI (Victim Assistance Offices) and another public service professional gave an account of the young woman’s treatment. The sentence is of the first instance, so it can be appealed by Hernández’s defense.
In the ruling, the magistrate once more referred to the access to information obtained by the Public Ministry without requiring authorization before a judge. For the prosecution it was not necessary since the report presented by Luis Guerra had “metadata” information and that they did not commit a violation of the right to privacy.
Defender Carlos Vila He questioned the ways in which the prosecutors obtained this data and the magistrate agreed with him “partially”: This is how he describes it in the ruling. This fact had no impact on the trial because it was used to confirm the location of the defendant at the time of the event, something that was not discussed in the trial.
However, it revealed a practice that, as explained by the official Luis Guerra himself, is common. He said that just sending an email was enough to access geolocation information that in principle does not invade privacy, but among the data that can be accessed There are also lists of calls and other information that, for the judge, does violate constitutional rights.
“I believe that the defender is partially right, that the interference of the Prosecutor’s Office through a hierarchical employee such as Guerra for the request for reports related to data traffic corresponding to the cell phone subscriber number of Franco Nicolás Hernández exceeds the framework of the task investigation allowed to the Public Prosecutor’s Office”.
Guerra is the head of the Logistics and Litigation area, a department that only has that category in the Fourth Circumscription. It is in charge of the chief prosecutor Santiago Márquez Gauna who created it. The official recounted in the debate that prosecutors ask him for this type of information for different criminal cases.
The chief prosecutor participated in the allegations and made an extensive defense of the official’s practice. He said, among other things, that no constitutional right was harmed since the information obtained is “metadata.”
However, Berenguer distanced himself from those arguments. “We are not talking here only regarding geolocation as intended or metadata, since it is quite simple for the MPF, according to Guerra’s testimony, to access information that is not public and that it is non-public data, which the company should not have without authorization from a competent judge. We talk regarding data because information on the use of cell phones is accessed with details of the telephone numbers to which it was communicated, the duration of the calls (…)”.
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