rejected an appeal for annulment

2023-11-14 23:23:50

The eight rugby players condemned by the crime of Fernando Báez Sosa This Tuesday they received a new judicial setback: the Supreme Court rejected a request for annulment presented by the defense.

«That the extraordinary appeal, the denial of which motivated this complaint, is inadmissible«, indicated the ruling signed by judges Horacio Rosatti, Carlos Rosenkrantz, Juan Carlos Maqueda and Ricardo Lorenzetti.

This is an appeal presented before the life sentence was announced last February – which is still under study in the Buenos Aires Court of Cassation.

The Supreme Court of Justice of the Nation rejected as inadmissible this Tuesday a complaint appeal filed by the defense of the rugby players Máximo Pablo Thomsen, Enzo Comelli, Ayrton Viollaz, Matías Benicelli, Blas Cinalli and Ciro, Lucas and Luciano Pertossi in the event that occurred on January 18, 2020 in Villa Gesell.

Lawyer Hugo Tomei had requested the annulment of the request for trial and the cessation of preventive detention, but the Guarantee Justice rejected it. And that pronouncement was confirmed, first, by Chamber I of the Chamber of Criminal Appeals and Guarantees of the Judicial Department of Dolores, and then by Chamber II of the Criminal Cassation Court of the Province of Buenos Aires.

Meanwhile, it went to an immediately higher instance, the Buenos Aires Supreme Court, which maintained that it had not been demonstrated that “se a substantial variation in relevant aspects would have been verified that compromises the principle of congruence, derived from the right of defense and due process«.

This is how Tomei went with his complaint to the Supreme Court of Justice, which now rejected his claim as inadmissible.


Báez Sosa Case: the Court’s precedent


The country’s highest court had previously rejected a habeas corpus once morest the preventive detentions ordered in 2020 by the murderers of Fernando Báez Sosa.

At that time, the magistrates ratified the actions of Chamber II of the Buenos Aires Court of Cassation which, in July 2020, declared the defense’s proposal “inadmissible”, which He questioned preventive detentions, arguing that they were “arbitrary.”


Báez Sosa Case: Where are the rugby players imprisoned?


The eight condemned rugby players They remain housed in Alcaidía number 3 of Melchor Romero and, last August, they were brought before Chamber II of Cassation, in La Plata, to participate in an oral hearing in which the parties supported their appeals of the first instance ruling handed down last February by the Oral Court in Criminal number 1 of Dolores.

Thomsen, Comelli, Benicelli, Luciano and Ciro Pertossi were sentenced to life imprisonmentwhile Cinalli, Viollaz and Lucas Pertossi received a sentence of 15 years in prison.

Báez Sosa was murdered during the early hours of January 18, 2020 at the exit of the “Le Brique” bowling alley in the center of the seaside resort of Villa Gesell, following being beaten by a group of young people who had just been expelled from the disk.

With information from Argentine News


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#rejected #appeal #annulment

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