Lucia Salinas
02/11/2020 - 18:42
- Clarín.com
- Politics
As of Monday, Cristina Kirchner no longer has any preventive detention order against her. Until December 2019, I had five, ordered by Judge Claudio Bonadio in different files. Before the end of the year, a Court had already revoked one of those measures, and the new vice president also got some merits in different cases, which eased her judicial scene. Now, the accusation against him for using the airplanes to move furniture to the Santa Cruz for his hotels also hangs by a thread.
For the former President, the eight causes she has in federal Justice raised to oral trial - six of which are in cases of corruption -, respond to lawfare, that is to say an alleged political persecution that was carried out from the Judiciary .
Of that universe of files, several are already based in different Courts for the organization of the respective oral trials. However, some investigations are still under instruction, and could modify their course for the benefit of the former President.
In November 2019, the Buenos Aires Federal Chamber confirmed that official airplanes were moved only for the purpose of moving newspapers and furniture to Santa Cruz on the weekends that Nestor and Cristina Kirchner rested there. Room I found the former President responsible for the crime of peculation as a participant, noting that "the planes assigned to the presidential Air Group were used for improper purposes."
However, a distinction was made: the peculate was considered for "moving furniture" that was destined to the hotels of the former president and not the newspapers.
In that modification of the crime, the lack of merit was dictated to the former secretary general, Oscar Parrilli, who had been prosecuted by Judge Claudio Bonadio.
Then the discussion focused on the use of airplanes for the transfer of furniture. Thus, it was determined that "both she -Cristina- and her family were the direct beneficiaries of the use of the services paid with the national budget, making it very clear that she knew and wanted the result obtained with the maneuver".
Reinforcing this statement, it was argued that "movable things, according to some testimonies given in cars, could have as their final destination any of the hotels in the city of Calafate, owned by the Fernández-Kirchner family ."
Consequently, Cristina was accused as a necessary participant of the peculated crime (that is, to use state assets for personal gain), but with the lack of merit of the former secretary of the Parrilli Presidency the crime was left without an "author" , which was the qualification assigned to him in the file.
When the Buenos Aires Federal Chamber issued that measure, it left the accusation against the vice president hanging by a thread. The case returned to instruction and changed the judge, now Sebastian Casanello has delegated the investigation to prosecutor Alejandra Mángano.
If there is no evidence to determine the responsibility - or not - of Parrilli, the procedure against the vice president could be without "legal strength, " judicial sources explained to Clarin . According to this warning, if the lack of merit was dictated by not finding sufficient evidence "proving authorship, sustaining the necessary participation of another person is difficult . "
Other judicial relief measures
Despite the number of cases brought to trial, some decisions in Comodoro Py improved the situation of the vice president. Last December, the defense in charge of Carlos Beraldi got the Federal Oral Court 8 (TOF 8) to issue the detention ordered by Judge Claudio Bonadio in the cause of the Memorandum with Iran.
This Tuesday, the decision of the Chamber of Cassation was added to that resolution, which revoked the preventive detention issued in the cause of the notebooks. That measure, in turn, left without effect two other restrictive measures of freedom that Bonadio had ordered in files linked to the "mother cause."
On December 19, federal judge Luis Rodríguez had dismissed Cristina in an investigation where she had been accused of alleged "fraudulent insolvency" for the transfer of her property in equal shares to her children Máximo and Florencia Kirchner. The complaint argued that the vice would have sought to "evade embargoes" ruled in different judicial cases.
Earlier, Room I of the Federal Chamber of Buenos Aires had dictated the lack of merit of the former president in a file related to the notebooks case. This is the section that investigated the coimas that according to the accusation the former officials of his government charged the businessmen linked to the transport of buses.
Likewise, the same judges dismissed her in the case where she was accused of the same maneuver of illegal funds, but in the concessions for the handling of the highways, for having occurred during a period in which she was not in charge of the presidency of the nation.
