2023-09-24 19:21:00
The defense of the vice president Cristina Kirchner will proceed to appeal the rulings issued last Monday by the Federal Court of Criminal Cassation, which revoked the dismissals that had been ruled in his favor in the causes known as “Hotesur-Los Sauces” and “Memorandum of understanding with Iran”.
With the votes of judges Barroetaveña and Daniel Petrone, the first chamber of the highest criminal court in the country annulled the dismissals a week ago that had been ruled in favor of the former president.
In this way, Cassation ordered that oral trials be held for the causes Hotesur-Los Saucesfor alleged illicit association and money laundering, and another for Memorandum of Understanding with Iran to reanalyze the actions of justice in the investigation into the attack on the AMIA, for alleged cover-up.
The failures in question were considered “arbitrary” and “will be appealed”they told the news agency Telam sources close to the defense of the head of the Senate, while the former president’s entourage kept a low profile in recent days in relation to her judicial situation.
The deadline to present the extraordinary resources with which the former president’s defense intends to reach the Supreme Court of Justice is 10 working daysthe sources consulted reminded Télam and confirmed that Cristina Kirchner’s lawyers, Carlos Beraldi and Ary Llernovoy, worked on these presentations.
However, those around the vice stressed to said agency that the recent resolution of the Justice is “within what was expected” and stressed that both rulings had already been announced by different media, following the Supreme Court of Justice dismissed Judge Ana María Figueroa from her dutiesformer member of the Cassation chamber called to intervene in the case.
On this occasion, Cristina Kirchner did not react publicly to the Cassation rulings once morest him despite the fact that yesterday he led a presentation titled “Of castes, inheritances, collapses and future” for the reissue of the book “After the collapse. Conversations between Torcuato Di Tella and Néstor Kirchner” at the Metropolitan University for Education and Work (UMET).
The electoral context, according to these sources, would partly explain the low profile adopted by the former president. In that sense, they remembered the phrase she said in December when she confirmed that I wouldn’t be a candidate “for anything”following receiving the sentence from the oral court that tried the road cause.
“I am not going to subject the political force that gave me the honor of being president twice and once vice president to being mistreated during the electoral period with a convicted candidate,” said Cristina Kirchner.
On the contrary, other leaders of the ruling party did express themselves this week once morest the Cassation ruling, for example the deputy Leopoldo Moreau, who described the resolution as “one more case of justice à la carte, to the liking of the client, in this case the “power bloc that has been systematically carrying out the political persecution once morest Cristina Kirchner.”
“This was a ruling that was advanced by (Diego) Barroetaveña to his clients. The nation y Clarion“, Moreau shot and pointed out that in the particular case of the Memorandum with Iran what was resolved by the judges “implies subordination to a fallacy invented by the vulture funds headed by Paul Singer.”
“Singer was the one who in 2015 pulled his strings in Argentine justice and journalism to displace Cristina in order to collect what the judges of the United States Court had already given him, which he had bribed”Moreau expanded in statements to Telam.
The Federal Court of Criminal Cassation ordered last Monday that oral trials be held for the Hotesur-Los Sauces cases, for alleged illicit association and money laundering, and another for the Memorandum of Understanding with Iran to re-analyze the actions of the justice in the investigation into the attack on the AMIA, for alleged cover-up, in which the vice president is accused.
“A shot on the side of Justice”: JxC celebrated the rulings that complicated Cristina Kirchner
The Cassation rulings
Judges Barroetaveña and Daniel Petrone, of the first chamber of the country’s highest criminal court, resolved to annul the dismissals in favor of Cristina Kirchner that had been issued by the respective oral courts.
If Hotesur-Los Sauceswhere there are accusations of illicit association and money laundering in the rental of properties and hotels belonging to the Kirchner family, the judges revoked the dismissals ordered by the Federal Oral Court 5 at the end of 2021.
Likewise, the magistrates confirmed that it was outside the process Florencia Kirchnerdaughter of the Kirchner couple, because she was 12 years old at the time the events occurred.
Cassation ordered that the current vice president of the Nation, her son, the national deputy Máximo Kirchner, go to oral trial; his niece Romina Mercado, Patricio Pereyra Arandia, the businessman Lázaro Báez, his children Martín, Leandro and Sabrina Báez, Osvaldo Sanfelice, Víctor Manzanares, Carlos Sancho, Cristóbal López and Fabián De Sousa, among others.
On the other hand, the TOF 5 judges Daniel Obligado and Adrián Grünberg were removed.
These are the magistrates who had said that the funds that had been used to pay room rentals at the hotel complex – the basis of the suspicion of alleged money laundering – They were of “legal origin” because they were banked and “were supported by regulations and decisions emanating from official organizations and/or authorities.”
Furthermore, these magistrates had maintained that the most benign law should be applied, and that until 2011 – the events investigated would have gone from 2008 to 2015 – “self-laundering” (a maneuver to launder one’s own money) was not contemplated by Argentine law.
“The appearance of legality of the assets was given from the first moment; that is, from the moment the transfers of funds were made for public works contracts, licenses or concessions, or tax or other types of benefits were provided; all of them supported by rigorous regulations,” Obligado and Grünberg argued at the time.
Faced with this, the Cassation judges Barroetaveña and Petrone objected to this approach and reactivated the case once morest CFK.
As for the Memorandum of Understanding with Iran signed in 2013, whose objective was to unblock the investigation of the terrorist attack on the Jewish mutual AMIA (occurred in 1994, which caused 85 deaths), Barroetaveña and Petrone also revoked the dismissals and ordered that the oral trial be held.
The Federal Oral Court 8 had dismissed, also in 2021, the former president and other co-consorts in the case who were accused of covering up that attack.
Now the Court of Cassation resolved revoke said measure and ordered oral and public debate. He also ordered the removal of TOF judges Daniel Obligado and José Antonio Michilini and judge Gabriela López Iñiguez.
The Memorandum’s objective was, according to the then Government, to accelerate the clarification of the attack with, among other actions, interrogate the Iranian leaders accused of the massacre abroad.
The agreement was approved in the Argentine Congress, while Iran did so through an executive measure.
The deceased special federal prosecutor in the AMIA case Alberto Nisman denounced Cristina Kirchner and other Kirchnerist leaders and officials of cover-up of the attack through this instrument but finally the judges of TOF 8 held, in summary, that “the Memorandum of Understanding with Iran, regardless of whether it was considered a political success or failure, did not constitute a crime.”
Now Casación, following an extensive analysis of the case, pointed out that “the foundational defects incurred by the court a quo affect the constitutional guarantee of defense in trial that assists the appellants and, in accordance with the standard of arbitrariness defined by the CSJN, justify the invalidation of the appealed resolution.”
The plaintiffs – the Delegation of Argentine Israeli Associations (DAIA) and relatives of AMIA victims – had appealed the dismissal of the accused.
The defendants in the Memorandum case were Cristina Fernandez, Eduardo Antonio Zuain, Carlos Alberto Zannini, Oscar Parrilli, Angelina Maria Esther Abbona, Juan Martin Mena, Andrew Larroque, Luis Angel D ́Elia, Fernando Esteche, Jorge Alejandro Khalil and Ramon Hector Allan Bogado.
Oral and public trial: “Only scope” for the judge to determine if there was a crime
Judge Adriana Palliottia member of the Court that must judge Vice President Cristina Kirchner, assured that “the only area” to determine whether or not a crime existed is the oral and public trial instancewhere the president of the Senate and her son Máximo, among others, will be seated.
“The only scope is oral debate”said Palliotti, who had already expressed the opinion, unlike his two colleagues who had determined the dismissal, that “there was no alternative” but to move forward in that direction.
“I think it is the only viable alternative,” the judge clarified in statements to the program “Yo no fue” in Radio with you.
Likewise, the judge clarified that “that guarantees the contrast of evidence”.
The Federal Court of Criminal Cassation determined last week that the Hotesur and Los Sauces case should have an oral and public trial, following revoking a dismissal issued by the Oral Court before the debate took place.
Regarding the fact of having to judge the figure of the Vice President and other accused, Palliotti indicated that he has “institutional importance” for what differentiates her from others and for being on the bench “a former mandatory.”
“This makes it different from another cause, not something else, not ideological positions,” he added.
Palliotti is currently a member of the Federal Oral Court (TOF) number 5, where the case once morest Cristina Kirchner is filed, with Fernando Canero surrogate until next December, so before carrying out the trial, all the members must be integrated. . .
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