Statement demanding the acquittal of César Arakaki and Daniel Ruiz
On November 7, 2021, the First Federal Criminal Court of the City of Buenos Aires sentenced César Arakaki, a member of the Partido Obrero, and Daniel Ruiz, a member of the PSTU, to three years and six months and three years respectively for participating in the protest that took place on December 18, 2017, together with a crowd of three hundred thousand people who took to the streets near the National Congress.
The Macri government had passed a law that changed the formula by which pensions were calculated, stealing one hundred billion pesos from pension funds, which at the time was equivalent to $5.3 billion. Both were convicted on charges of violence, public intimidation and aggravated assault once morest a public authority committed by more than two people. The charge of public intimidation is an example of a criminal charge often used by governments once morest popular protests, with the aim of limiting the people’s right to protest and increasing the sentences imposed on those convicted.
On that day, the government used police repression to try to take away the people’s right to protest. First, on December 14, during the first meeting where the law was discussed, they violently repressed the protesters. Then, on 12/18, when police attacks turned a peaceful protest into mass resistance once morest the attempt to ban the demonstration from remaining in Two Congresses Square.
Once the law was passed in Congress (with the votes of the right and Peronists), the government of Mauricio Macri conducted operations through major media targeting the activists who participated in the protest. The charges centered on two left-wing militants (from the Partido Obrero and the PSTU), blaming them for the serious injuries sustained by a police officer, who was hit on the head with a stone.
During the trial, several videos showed that César Arakaki was completely innocent of any action that might have led to the injury of the police officer and that, moreover, both the judge and the district attorney’s office had access from the first moment of these of the videos proving Arakaki’s innocence. This minor defense triumph prompted the injured police officer to drop the prosecution, which left Arakaki’s charge entirely in the hands of the prosecutor.
Later, the trial moved from a public oral hearing to a zoom conference and then became a hybrid: witnesses testified in person in court, while the other parties remained in the zoom conference. These changes affected the right of defence, as well as the public nature and awareness of the proceedings.
Both César Arakaki and Daniel Ruiz were jailed during the investigation leading up to the trial and have since been released. The complaints once morest them are intended to set an example regarding the criminalization of social movements and especially the participation of political activists in them.
Thousands of human rights activists and members of political and social organizations have already come out in favor of the release of César Arakaki and Daniel Ruiz. Among them are Norita Cortinas and Elia Espen, members of the Mothers of Plata de Mayo. The last hearing will take place on April 13 and in a few days the final sentence will be announced.
To show your support for the acquittal of César Arakaki and Daniel Ruiz, send your petitions to the Cámara Federal de Casación Penal, Comodoro Py 2002, 1º Piso (C1104BEN) Ciudad Autónoma de Buenos Aires, Argentina, or via email at [email protected] and [email protected]
We declare in favor of the acquittal of César Arakaki and Daniel Ruiz, who were convicted for participating in the mobilization that took place on December 18, 2017, once morest the miserable pension reform that was passed the same day in Congress. It is troubling that prosecutor Juan García Elorrio is asking for a prison sentence, when the plaintiff in the trial resigned because of the inconsistencies in the charge, a charge only supported by the State Attorney’s Office.
The mass protests that took place in December 2017 were the reaction to a law that looted pension funds. They stopped the government’s attempt to implement a labor reform spearheaded by Mauricio Macri at the time. Today, the defense of pensions and labor rights remains a critical concern for the Argentine people.
The whole trial once morest Arakaki and Rui will spark new social protests. Such a sentence is a step backwards for democratic liberties in the country and would be in stark contrast to the impunity that continues to be enjoyed by those who commit crimes once morest the people. We call in support of the acquittal and stand by the demonstrations that will take place with the end of the trial.
Statement demanding the acquittal of César Arakaki and Daniel Ruiz.
On November 7th, 2021, the First Federal Criminal Court of the City of Buenos Aires, presided by judge José Feliciano Ríos sentenced César Arakaki, a member of the Partido Obrero, and Daniel Ruiz, a member of the PSTU, to three years and six months and and three years in effective prison respectively for participating in the protest that took place on December the 18th, 2017 together with a mass of three hundred thousand people that took to the streets near the National Congress. On that occasion the Cambiemos government passed a law modifying the formula by which retirement pensions are calculated, stealing a hundred billion pesos from the pension funds, which at the time were equivalent to 5.3 billion dollars. They were both sentenced on the charges of battery, public intimidation and aggravated assault once morest a public authority perpetrated by more than two people.
The charge of public intimidation is an example of a criminal charge often used by governments once morest popular demonstrations, with the objective of curtailing the people’s right to protest and to raise the penalties assigned to those convicted.
That day, the government used police repression to try to take away the people’s right to protest. First, on the 14h , during the first session that discussed the law, they repressed demonstrators fiercely. Then, on the 18th, when police attacks transformed a pacific protest into a mass resistance once morest the attempt to forbid the demonstration from remaining in the Square of Two Congresses.
Once the law was passed in Congress (with the votes of Cambiemos and peronism), the government of Mauricio Macri mounted operations through hegemonic media, in which policial militants that participated in the protest were demonized. Accusations centered on two left-wing militants (from Partido Obrero and PSTU), accusing them of the serious injuries received by a police officer named Escobar who was hit with a rock to the head.
During the trial, multiple videos showed that César Arakaki was completely innocent of any action that might have led to Escobar’s injuries and that, in addition to that, both Judge Torres and the District Attorney’s office had access from the first moment of those videos that prove César’s innocence. This small triumph of the defense prompted officer Escobar to desist as a plaintiff, which left César Arakaki’s accusation entirely in the prosecutor’s hands.
Later on, the trial went from a public oral hearing to a zoom conference, and then turned into a hybrid: witnesses testified in person to the court and the parts remained on the zoom conference; these changes affected the defendant’s right to a defense and the public character and awareness of the proceedings.
Both César Arakaki and Daniel Ruiz were imprisoned during the investigation leading up to the trial and then released. The allegations once morest them are meant to set an example regarding the criminalization of social movements, and particularly the participation of political militants in them.
Thousands of human rights and political, civil and social organization’s leaders have already declared themselves for the absolution of César Arakaki and Daniel Ruiz. Amongst them are Norita Cortiñas and Elia Espen, members of Madres de Plaza de Mayo. The last hearing will be on the 13th of April, and in some days followingwards, the final sentence will be announced.
To show your support for the acquittal of César Arakaki and Daniel Ruiz, send your petitions to the Federal Criminal Appeals Court at Commodoro Py 2002, 1st Floor (C1104BEN) Autonomous City of Buenos Aires, Argentina, or by email to [email protected] and [email protected]
We declare ourselves for the acquittal of César Arakaki and Daniel Ruiz, who have been sentenced for participating in the mobilization that took place on December the 18th of 2017, once morest the vile pensions reform voted that same day in Congress. It is alarming that the state prosecutor Juan García Elorrio is asking for an effective prison sentence, when the plaintiff in the trial recused himself because of the inconsistencies in the accusation, an accusation that only the State Attorney’s Office is supporting.
The massive protests that took place in December of 2017, were the reaction to a law that confiscated from the pension funds. They put a stop to the government’s attempt to apply a labor reform, spearheaded at that moment by Mauricio Macri. Today, defending pensions and labor rights is still a crucial concern for the Argentinian people.
The whole trial once morest Arakaki and Ruiz is meant to condition new social protests. A sentence like this represents a step back in democratic liberties in the country and it would contrast deeply with the impunity enjoyed continuously by those who commit crimes once morest the people. We call to support the cause for absolution and we stand with the demonstrations that will be held with the end of the trial.
