ARA San Juan: Even for Commodore Py, Macri's dismissal was too much

ARA San Juan: Even for Commodore Py, Macri’s dismissal was too much

Even for the Comodoro Py courts, the dismissal that the Buenos Aires Federal Chamber granted to Mauricio Macri it was a limit. The prosecutor before that court of appeals, Jose Aguero Iturberequested that the Federal Chamber of Criminal Cassation annul that ruling and maintained that chambermaids Pablo Bertuzzi, Mariano Llorens and Leopoldo Bruglia used “plot paraphernalia” to defend the accused authorities –read Macri and the hierarchs of the Federal Intelligence Agency (AFI) cambiamita– but they forgot to analyze how the rights of those who only asked the government to know what had happened to their loved ones were violated, part of the crew San Juan submarine of the Argentine Navy.

Agüero Iturbe appealed the ruling issued on Friday, July 15, by Chamber I of the Chamber. So, judges Bertuzzi, Llorens and Bertuzzi They recognized that the AFI carried out intelligence tasks on the relatives of the 44 submariners between December 2017 and November 2018 –while the ARA San Juan was missing at sea–. However, for the maids, these tasks were justified in order to protect Macri’s security and internal security.

To support this argument would be to say that the relatives who demanded that the State know what had happened to their relatives –without ever having committed any violent action– they were a danger to the security of the country. Agüero Iturbe dismissed it out of hand and raised the absurdity of sustaining that theory: “Unless the intention of approaching a letter to the one who governs all of us Argentines is considered a magnicidal attack, a consideration – I believe and hope – that no one is willing to sustain”wrote.

Specifically, the prosecutor stated that the judges lacked justification, that they spent too much energy defending Macri and showed little interest in investigating what had happened to the real victims. In addition, he pointed out that a complaint like this –of institutional importance and that has a minimum of seriousness and plausibility– it cannot be arbitrarily closed by the judges.

The arguments of Agüero Iturbe to request that the Cassation Chamber II reverse the ruling of the Federal Chamber are the following:

  • Family members were not a danger to the security of the Nation. “It is omitted to consider that ordinary citizens (notwithstanding any pejorative consideration) who had lost a loved one in one of the tragic events that were already mentioned throughout the investigation they did not constitute in any way a terrorist group, a group of cybercriminals“, said.

  • State action revictimized them again. “These were people who the only thing they asked for was clarification of the events surrounding the events concerning the loss of their loved ones. Considering the opposite is nothing more than re-victimizing the victims against national regulations.L,” he added.

  • The maintenance of State security cannot go beyond the sphere of reserve except when certain actions affect third parties or when the interference order comes from a judge – who even has restrictions when invading people’s lives.

  • There was an excessive interest in releasing the accused and little interest in seeing how the victims were affected. “I warn that the plot paraphernalia, assimilable to flashy verbal pyrotechnics, only points to one of the extremes of the conflicting pragma (focused on the accused authorities), ignoring adequately analyzing the subjugation of the rights of the victims”complete.

It is not a minor fact that Agüero Iturbe strongly disqualifies the resolution of the Federal Chamber. Weeks ago, the same prosecutor had requested that Macri’s prosecution for spying on relatives of ARA San Juan be annulled, considering that his right to defense had not been respected when he testified in Dolores before federal judge Martín Bava. The same prosecutor had also led to the closure of the case due to the visits of the marriage officials Mariano Borinsky and Gustavo Hornos to Macri, saying that keeping the investigation open “would deepen the already frosted dignity of the Judiciary.”

After that ruling, the plaintiff attorney Valeria Carreras He asked to be removed from the case because he understood that the prosecutor was always going to rule in favor of Macri. However, Carreras highlighted the pronouncement that was made known this Monday. “It is not to celebrate because we cannot forget that it is an appeal of a ruling whose origin is in the illegal espionage of those who had lost their loved ones and that sought to end point by accusing the victims. But we are better than the day of the aberrant ruling that dismissed Macri, Gustavo Arribas and Silvia Majdalani”, said the lawyer.

“If I had to rescue something, it is that, in his resource, Agüero Iturbe raises the aberration of having revictimized the victims of illegal espionage and questions the legalization of intelligence tasks mounted on the comparison of victims with terrorists, precisely what most outraged the familiesCarreras added.

A removal request

Luis Tagliapietra, the other plaintiff attorney in the case, presented this Monday a request for impeachment in the Council of the Magistracy against the three chamberlains for the ruling that dismissed Macri. “Not even the defendants’ own defenses were encouraged to do so much”Tagliapietra said in the presentation he made before the body chaired by the supreme Horacio Rosatti.

“The actions of those denounced result in the abusive use of the powers granted by the National Criminal Procedure Code based on their capacity as federal magistrates, with probably spurious motives, by virtue of the current procedural situation that would result from its ruling if it became firm. The interpretation that I can make by virtue of all this, is that the actions of those denounced is conducive to definitively absolving those who acquitted or for spurious purposes and/or for ‘cronyism’‘” he stressed.

In the Council, unsuccessful attempts have been made to approve the short lists to appoint those who will replace Bruglia and Bertuzzi in their positions, transferred from an oral court to the Federal Chamber during the Macri government. The Court held that they should be replaced as soon as their replacements are appointed, but the Government denounces that the opposition – with the help of the Court itself – is blocking that possibility.

In the Council, a counselor must be drawn to instruct Tagliapietra’s complaint, who also appealed the Chamber’s ruling. The lawyer intends to take the claim now to the Inter-American Commission on Human Rights (IACHR) Yet the United Nations Organization (UN). Days ago, Carreras had already requested the intervention of Diego García Sayán, the United Nations special rapporteur for the Independence of Judges and Lawyers.

Source: Pagina12

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