The Federal Chamber of Criminal Cassation today validated Judge María Eugenia Capuchetti in charge of the case in which the attack on September 1 against Vice President Cristina Fernández de Kirchner, who had demanded her removal on two occasions, is being investigated.
The decision was made unipersonally by the judge of the second chamber of the highest criminal court, Guillermo Yacobucci, who declared “inadmissible” the appeals of the complaint against the rulings of the Buenos Aires Federal Chamber that had already confirmed the magistrate in this case. , judicial sources reported.
“The party does not fully and completely refute each and every one of the arguments taken into account in the resolution appealed to reject the dismissal of the magistrate, limiting the expression of their grievances to mere judgments that disagree with the decision-maker,” Yacobucci said in two different failures.
In a third ruling, Judge Yacobucci declared inadmissible the appeal of Cassation that the lawyers for the complaint filed against the decision of the judge of the Buenos Aires Federal Chamber, Leopoldo Bruglia, to “insert a new warning to the lawyer José Manuel Ubeira, lawyer for the plaintiff, for the abusive use of objectively offensive and aggravating terms towards a magistrate.”
The vice president’s lawyers, Ubeira and Marcos Aldazabal, had challenged Judge Capuchetti on two occasions: the first was last year due to “a host of irregularities” noticed in the investigation and the second after it became known that the magistrate has a paid job (supposedly as a researcher) at the Higher Institute of Public Security (ISSP), which depends on the Government of Horacio Rodríguez Larreta.
When they questioned her work for the ISSP, the former president’s lawyers maintained that the judge “would be receiving a salary from an organization that should be investigated in these proceedings, demonstrating an interest in the process,” referring to the police in the City of Buenos Aires and the Buenos Aires Ministry of Security.
By rejecting this challenge, the federal chambermaid Bruglia had argued that these were arguments “foreign” to the process and respond to the “creation of hypothetical scenarios far from any objectively verifiable circumstance that may have sufficient aptitude to justify the removal of a magistrate”.
The judge assessed that it was not proven that “the stated academic activity could determine an interest in the outcome of this process on the part of Dr. Capuchetti and/or provoke a fear of partiality that warrants her withdrawal.”
“The exercise of teaching or participation in research work such as those described -in principle- are not prohibited for magistrates and, in the event of any administrative failure and/or irregularities in the context of possible generic incompatibilities, their treatment it is strange to the institute invoked and should be channeled through other specific administrative channels,” he concluded.
In the first challenge, on November 14, the complaint alluded to the “irregularities and arbitrariness” of the investigation in which the material author of the assassination attempt, Fernando Sabag Montiel, his girlfriend Brenda Uliarte, are being detained and prosecuted with preventive detention. and a third defendant, Gabriel Carrizo, accused of being a secondary participant.
Source: Chain 3