07/29/2020 - 16:41
- Clarín.com
- Politics
President Alberto Fernández presented the Justice Reform bill on Wednesday and warned that the sole objective of the initiative is to end " a Justice used to settle political discussions and a policy that judicializes dissent to eliminate the adversary on duty" .
"Once and for all, let us never say to a Justice that is used to settle political discussions, and to a policy that judicializes disagreements to eliminate the adversary on duty. I have remembered all this so that no one misrepresents my behavior. No one can be surprised by what What we are doing. I submitted my opinion to the popular verdict and the people with their vote accompanied me, "he said.
The Head of State detailed the objectives of his legislative proposal that includes, among other issues, changes in the federal courts and fundamentally of the Supreme Court of Justice and the Council of the Magistracy.
"Justice is one of the three powers of our Republic and as such it has unique powers. For this reason, the Constitution establishes that in case it may dispose of our assets and even our liberties. Such power must be in the hands of worthy people who do not be permeable to any type of pressure, "he said.
Following, Fernández warned that " over the years we have seen how the influence of the political power and also of other powers was operating on the decision of some judges ."
" The four years that preceded my inauguration as President were marked by measures that affected the rules of impartiality that must govern judicial action in a state of law," he questioned, referring to the government of Mauricio Macri.
He added that "with the issuance of Decree of Necessity and Urgency 257/15, the entry into force of the new Federal Criminal Procedure Code and all the regulations that complemented it was suspended" and that "in turn, the Federal Investigation Agency returned to remain under a blanket of suspicion by being allowed, once again, the management of reserved funds and the possibility of participating in the course of various judicial investigations. "
"In this context, procedural arbitrariness was gaining ground at the expense of the most elementary norms that guarantee due process. In this way, pretended doctrines made their way to convert preventive imprisonment into a system of early penalties. In this way , the principle of innocence and defense in court were repeatedly violated, "he criticized.
The Head of State assured that now "the only thing that impels him to demand a change is to strengthen the rule of law" to "make the Republic that everyone declares but that some humiliated."
The President considered that "it is time to put the judicial question into public debate so that we can achieve a better rule of law" and reiterated: "What we are proposing is nothing other than to consolidate an independent Justice, governed by the highest standards of transparency and to develop the processes with speed and efficiency ".
This is the first act that the Head of State led at the Casa Rosada after suspending his visits to the interior in the face of jumps in coronavirus cases. Escorted by the Minister of Justice, Marcela Losardo, Fernández explains the central objectives of a proposal that he included in his campaign promises and which he defended on March 1, when he opened the ordinary sessions in the National Congress.
The President also formally presented his elected to join the council of jurists who will have 90 days to prepare proposals to promote reforms in the Supreme Court of Justice, in the Council of the Magistracy (body in charge of selecting, controlling and eventually sanctioning the judges) and in other aspects of justice such as the initiation of trials by jury.
Those selected are Carlos Alberto Beraldi, Inés Weinberg de Roca, Enrique Bacigalupo, Andrés Gil Domínguez, Gustavo Ferreyra, León Arslanian, Marisa Herrera, Hilda Kogan, Claudia Sbdar, María del Carmen Battaini and Omar Palermo.
The presence of lawyers such as Beraldi, Cristina Kirchner's lawyer in several of the cases for alleged acts of corruption during their governments, and Arslanian , who represents former Kirchner officials, encouraged questions from the opposition, where the referents of the coalition Juntos por el Change already anticipated that they will reject any attempt to expand the number of members of the Court.
" I have resorted to jurists of undisputed technical recognition . It has been their solid academic background and the enormous experience that they individually accumulate that has determined me to summon them with the task of rethinking the operation of our Judicial Power and our Public Ministry," said Fernández. to reject criticism.
The Head of State remarked that "there is" in his mind "the desire to condition the decision" of that council of advisers.
"The rules of due process are forgotten when the Courts begin to shape economic or political interests. I know that, precisely that, has been happening in part of our Justice in recent years and I am not going to be the one distracted facing a situation that damages the Republic, "he insisted.
Regarding the reform that the President will send, it is presumed this week, to Congress, the objective is to apply changes in the federal jurisdiction, merging the twelve criminal courts with the eleven economic criminal courts and doubling their number to streamline this judicial area that deals with of complex crimes such as drug trafficking, trafficking and corruption, among others.
Fernández himself was working on the design of the proposal together with Minister Losardo; the Secretary for Strategic Affairs, Gustavo Béliz; and the Legal and Technical Secretary, Vilma Ibarra.
