2023-05-09 14:29:07
With the vote of Marcelo Gutiérrez and the adhesion of his colleagues Emilce Álvarez and Alejandro Cabral y Vedia, the court ignored the considerations of the Superior Court of Justice (STJ) and returned to compensate former judge María del Carmen García. The sentence once morest the province and the ART went from ten to eight million. The new sentence maintains that the magistrates do not have to endure the attacks of the press and the public.
María del Carmen García García was appointed criminal investigation judge in Cipolletti on December 20, 2001 when the Fourth Circumscription was just being created. She was fired in August 2012 following a lengthy ensuing disability leave.
The forensic examination concluded that she had suffered burnout syndrome, which means “burned by work.” The Cipolletti Labor Chamber granted compensation in favor of the former judge and set an amount of ten million, but the province appealed and the STJ annulled the ruling and ordered a new integration. Thus it was that the civil judges Gutiérrez, Álvarez and Cabral y Vedia intervened.
The highest provincial court held that the judicial function is not risky and that magistrates are required to manage political pressure, citizenship and journalism. However, Gutiérrez, who drafted the vote, maintained that he did not agree with that circumstance and that criminal judges did not have to endure any onslaught.
Both the first and the second compensatory sentence took the testimonies of Santiago Márquez Gauna, who was a secretary and is now chief prosecutor, Judge Alejandra Berenguer and secretary Maximiliano Beide Obeid, today a prosecutor in Neuquén.
In this way, it was proven that Judge García, shortly following taking office, began to subrogate other courts and came to remain on duty for eight months, permanently, 24 hours a day. According to Marquez Gauna, she alone did the work of six investigative courts in Roca.
Everything was complicated in 2006 with the disappearance of Otoño Uriarte. The political, journalistic and citizen pressures became irresistible for the investigating judge.
Márquez Gauna reported in the labor trial that there was a parallel investigation commission in which the then president of the STJ Víctor Sodero Nievas (who resigned to avoid impeachment) and the police chief Víctor Cufré, currently detained for the repression, intervened. police report on June 17, 2010 in Bariloche.
“At that time it was very common to have marches, congregations of people demanding at the door of the Court, setting roofs on fire, making graffiti, throwing objects, insulting judges and officials with songs and banners. It was all a lot of pressure.” recalled Berenguer in his statement before the Labor Chamber.
In response to what the STJ raised, the new ruling held that they were not going to take into account the staff because in that old code everything went through the investigating judge: she had to take the inquiries, attend the raids and all the procedures.
“The matter cannot be examined with the eyes of the present, but it is unavoidable to take into account the procedural legislation in force at the time of the facts, and its incidence in the daily work of the plaintiff”, says the new ruling that condemns the province and the insurer to pay eight million.
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