Daniel Santoro
09/24/2020 - 11:46
Clarín.com
Politics
The Supreme Court
confirmed this Thursday the conviction of the former Secretary of Transportation of the nation Juan Pablo Schiavi
by rejecting a direct complaint of the sentenced to 5 and a half years in prison in the case for the Tragedy of Eleven, among other resolutions, as advanced by
Clarín
.
The highest court
also upheld the sentence of the train driver Marcos Antonio Córdoba to three years and three months
and of 16 other defendants.
However, he did not comment on the situation of Schiavi's predecessor in office, Ricardo Jaime, and neither on former Planning Minister Julio De Vido, judicial sources reported.
In the case of Schiavi, the members of the National Criminal Cassation Chamber Eduardo Riggi, Juan Carlos Gemignani and Liliana Catucci had declared his request for release "inadmissible" in May and thus ratified a previous rejection of the Federal Oral Court 2, which had in charge of the trial for the train crash at Once station on February 22, 2012, which left
51 dead and 789 injured
.
It was one of the first cases in which a link was found between the diversion of funds for maintenance of rolling stock with a tragedy.
"As is known, the sentence imposed on Juan Pablo Schiavi
was final
with the rejection by this Chamber III of the extraordinary appeal deducted" for which it began to be executed, despite the fact that there is
still one instance of direct complaint before the Supreme Court of Justice of the Nation,
sustained that relationship the resolution of the highest criminal court of the country.
Schiavi faces a sentence of five and a half years, also
for havoc and defrauding the state.
In the first instance, they had given him eight years, but the Cassation Chamber reduced the penalty because it understood that the crimes against the public administration had been committed mainly during the administration of former Secretary of Transportation K Ricardo Jaime.
On the other hand, it was not issued on the case of the former Minister of Planning Julio De Vido, who at the end of 2019
was sentenced 5 years and 8 months in prison
and special perpetual disqualification from holding public office, as he was found to be a necessary participant in the crime of fraudulent administration. .
De Vido is currently serving house arrest.
Meanwhile, he was acquitted on the accusation of negligent damage, since they did not find him responsible for the 52 deaths in the railway accident.
There are also other resources of the businessman Claudio Cirigliano, among other defendants.The Federal Chamber of Cassation
rejected in April to
grant Schiavi's release from prison and also denied house arrest to the machinist Marcos Córdoba, both convicted of the Once train tragedy.
These decisions of the highest federal criminal court in the country were added to the ruling on the also convicted former Secretary of Transportation, Ricardo Jaime, Schiavi's predecessor in office, who was denied house arrest yesterday.
The person who is "deprived of liberty, does not do so in a precautionary manner
but in compliance with the sentence,
" added the sentence on the situation of Schiavi, sentenced to five years and six months in prison for the crash that caused 52 deaths.
As for the machinist who was conducting the training that morning, Marcos Córdoba, the same judges refused to grant him house arrest to take care of his two-year-old daughter while her mother, who is a gatekeeper, goes to work.
The chambermaids considered that the baby is adequately cared for by her grandparents and family environment.
As for another statement in his defense, the health emergency caused by Covid-19, the judges noted that Córdoba is not included in lists of risk groups.
The defense of the machinist who is serving a sentence of three years and three months in prison had argued that as a result of the suspension of visits in the prisons due to the pandemic, the consequences of the absence of the father "have a greater impact on the girl, since that the telephone contact in a little girl of just two years is practically nil ".
By refusing to grant him the benefit, the Federal Oral Court 2 held that the suspension of family visits occurs in the context of preventive and compulsory social isolation established by the National Executive Power and "once said measure ceases, visits may be resumed. prisons in order to continue the parent-child relationship. "
That argument was now ratified in the decision of the higher appeal instance, the Federal Chamber of Cassation.
On the other hand, the Federal Chamber of Cassation had rejected proposals from Schiavi and Cirigliano to remove the judges of that court of appeals from the cause of the tragedy of the Eleven train.
In the case of Schiavi, his defense challenged the judges of the third chamber of the highest federal criminal court in the country Liliana Catucci and Eduardo Riggi for "fear of partiality" because they have to resolve a house arrest complaint that they have already denied to another convicted person in the case, the predecessor of the former transportation official, Ricardo Jaime, according to the resolution to which Télam agreed.
Schiavi's defender, Maximiliano Rusconi, recused the judges for other magistrates to resolve.
The proposal
was rejected
by the magistrates of another courtroom Alejandro Slokar, Juan Carlos Gemignani and Guillermo Yacobucci.
The "supposed fear based on the partiality of the challenged magistrates" is based on a previous intervention in a pronouncement "in the exercise of jurisdictional functions, in a different incident, regarding a matter unrelated to the situation of Juan Pablo Schiavi, referring to another co-accused, "they concluded.
For its part, Cirigliano's defense tried to separate the judges from that same third chamber so that they do not resolve on the request for house arrest by Covid-19 that has already been rejected by the Oral Court that sentenced him to 7 years in prison.
The former head of the concession company of the Sarmiento train at the time of the tragedy, Trenes de Buenos Aires, challenged the judges for "fear of partiality motivated by the fact that the decisions adopted by those who subscribe" have been decisive for my ward since 5 October 2018, he is in custody serving his sentence in Unit 31 of the SPF ".
In these decisions, he argued, "they have revealed clear and significant glimpses of the thoughts of the Judges, which will inevitably also influence the issuance of this issue, even though it is a question of the origin of the house arrest."
The judges Catucci, Riggi and Juan Carlos Gemignani rejected the proposal.
