Stephen Mikkelsen Jensen
04/30/2020 - 17:11
- Clarín.com
- Police
"Non-violent crimes". "Small crimes". The agreed 9/20 of the Federal Chamber of Criminal Cassation and the decision of the Buenosairean Chamber of Criminal Cassation, which suggested alternative measures to the confinement for the detainees, were very clear regarding the position that the judges should adopt to define the morigerations, among them house arrest.
But the truth is that many of the benefited prisoners were in prison for violent crimes . Among the more than 700 favored are rapists, femicides, kidnappers, homicides and drug traffickers, in the different jurisdictions of the country.
This provoked the reaction of the relatives of the victims, who launched a campaign on social networks, under the hashtag #NoLosLiberen , to repudiate house arrests.
Here are 15 cases of detainees who benefited from house arrest:
Sexual abuse
Miguel Ángel Holotte (55) was benefited by a ruling of the Oral Federal Court (TOF) 5 of San Martín as a result of a request from his official defender to serve his sentence at his home instead of at Ezeiza Prison Complex I.
He had been sentenced to six years in prison for rape , but the Justice evaluated that his life would be "at stake" if he became ill with coronavirus in prison.
The defender argued that the condemned "has a history of smoking, heart disease, kidney disease, anemia, gallbladder lithiasis, kidney failure, prostatic hyperlapsy with increased right testicular size, in addition to having two stents placed and being medicated on a daily basis."
Rape of a minor
Pedro Omar Olmos was a fugitive for almost five months, accused of having raped his 13-year-old teenage neighbor in Burzaco. But he barely spent more than half a year in detention, because on April 4 he was sent to his home to carry out house arrest. There he was able to celebrate his 68th birthday, on Wednesday the 15th.
A favorable ruling by the president of the Buenos Aires Criminal Cassation Chamber, Víctor Violini, allowed the benefit, which is about four kilometers from his victim.
Olmos's defense had filed a habeas corpus for him to serve prison time at his home, alleging that he suffered from "chronic hypertension and osteoporosis," which is why he was in the coronavirus risk group.
Double femicide
Héctor Barroso (62) was detained for 15 years, half of his initial sentence, which was now reduced to 25 years, for murdering two women in Mar del Plata.
Justice only required the signature of his current partner, his "guarantor", so that together they could pass the coronavirus pandemic at their home in the Parque Palermo neighborhood. He is hypertensive (he qualifies in the risk group) and the behavioral reports were all positive until the day of his departure, April 24.
The crimes of Analía Fuschini (21) and Verónica Juárez Roger (29) occurred in August and December 2004. The victims practiced prostitution and he killed them, along with an accomplice, when they told him they were going to abandon him.
Extortive kidnapping
Pablo César Sommaruga (40) is a former member of a clan convicted of the extortion kidnapping of Ariel Strajman, who had his finger cut, in 2002.
He was serving an 18-year sentence (unified with another crime) in Unit 14 of Esquel. On Monday, April 27, magistrate José Pérez Arias, in charge of the National Criminal Execution Court number 1, benefited him with house arrest, without clarifying the reasons.
Ariel Strajman. He was held for 32 hours.
When the residents of the Vepam neighborhood found out, they almost lynched him.
Drug traffic
In Entre Ríos a list of 167 detainees favored with house arrest circulated. Most are linked to drug trafficking
On the list is Alfredo César Francia, father of Néstor Francia Brun and Gabriela Francia. The three had been arrested in June 2019, in raids by the Federal Police, accused of being part of a gang dedicated to drug trafficking.
According to the newspaper El Argentino de Gualeguaychú, there is also the case of the convicted by drug trafficker Nicolás Ramiro Castrogiovanni, who was serving a sentence in Penal Unit No. 1 in Paraná and received the address.
Thefts and thefts
Federico Benvenuto, 33, was detained in the Marcos Paz federal prison. It accumulated more than fifteen cases, including armed robbery and injuries.
This Wednesday he was arrested after an outburst in an ice cream shop in Yatay y Yerbal, in the Almagro neighborhood. It was the day after he was given house arrest for the risk of COVID-19.
" What do I care if they take me prisoner ! Yesterday I left the Marcos Paz prison for the coronavirus. Take me the same, tomorrow I'm going again, " he challenged the City Police officers.
Gender violence
Olger Hugo Zuñiga Cervantes (49), a Peruvian national, was serving a sentence of one year and 10 months in the Marcos Paz prison, for robbery and gender violence.
He had injured his daughter who was then 7 years old and had illegitimately deprived her of her freedom, as well as that of her mother. Three weeks ago he was granted assisted freedom, since he is part of the group at risk for coronavirus when suffering from HIV.
The accused was detained at his home in Iguazú at 500, Parque Patricios.
This Thursday he was arrested for hitting his nephews at his Parque Patricios home.
Intra-family abuse
Carlos Rodrigo Oulier (39) was prosecuted for the rape of his son, today 10 years old, in 2018 in Misiones. In addition, according to the accusation, it exhibited pornographic material to him.
Now he was benefited with home prison for suffering from asthma and lives less than 20 blocks from his victim. An electronic anklet is the only thing that guarantees its presence in that place.
The woman hardly sleeps at night. Together with his mother, they make a kind of guard at his house in Puerto Iguazú for fear that the man breaks into the place with the intention of taking revenge.
Police massacre
Claudio "Toro" Martínez is one of 23 accused of the Monte massacre, in which a young man and three teenagers died after an unusual police chase of shots.
The retired commissioner was a security secretary and they accuse him, among other things, of wanting to hide the videos of the municipal monitoring center that showed the sequence, to cover up the agents.
For health reasons, a court of Guarantees granted the measure until the mandatory quarantine ends. At that time you will need to return to jail.
Aggravated sexual abuse
Antonio Armando Di Palma (55) spent six months in detention, prosecuted in a case for "gravely outrageous sexual abuse with carnal access."
The Oral Court No. 6 of San Martín granted him arrest at his home on the condition that he change his address and stay away from the victim's home, who lives in San Miguel.
The reasons? That integrates the risk group for suffering from hypertension and diabetes.
The homicidal judge
Former judge Walter Sinesio Moreno (49) was convicted as the author of the murder of Jorge Ormeño, the owner of a dealership who appeared burned in his car in 2008, in La Rioja.
In 2009 he was sentenced, along with three other men, to life. The case, when it occurred, was unusually investigated by its court.
The Usina de Justicia Association presented an action for protection against the mass release of prisoners without any basis or control before the National Chamber on Criminal and Correctional Matters. https://t.co/R3px6lMTsp
- Usina de Justicia (@UsinadeJusticia) April 30, 2020He was considered within the contagion risk groups and he was granted house arrest. You can even go to a clinic for "ozone therapy" for back pain.
Murder in Mendoza
Diego Arduino (41) was sentenced to 16 years in prison in Mendoza for the crime of the social communicator Alejo Hunau (33), which occurred in 2004, of a blow to the head with a bottle.
At the scene, they found his fingerprints on a glass and DNA on cigarette butts.
Alejo Hunau, standing, standing next to the then Governor Julio Cobos during the filming of an advertising spot. Photo Archive Diario Uno.
The victim's mother initially opposed the house arrest requested by the inmate, who suffers from asthma, but later agreed, "for humanitarian reasons" in the face of the pandemic.
Crime of a penitentiary
José Oscar Casette (52) accepted an eight-year sentence for the simple murder of Juan Lazaga (35), a worker from the Paraná Prison Service who was assassinated in 2012.
The absurd crime occurred after a traffic discussion in the Cinco Esquinas area, in the capital of Entre Ríos.
Now Casette received the benefit of home prison. He is the son of a well-known livestock producer in the El Cimarrón area.
Homicide on the occasion of robbery
On August 13, 2015, a thief shot a kiosk employee, Agustín Cantello (25), at point-blank range in Luján. The attacker, Nicolás Caro, was arrested.
One of the marches for Agustin Cantello, in Luján.
In these days the Justice granted the homicide house arrest for his good conduct.
At the time of the fact he was a minor and today he is 21 years old. He asked to work in a mechanical workshop in front of his house in the San Cayetano neighborhood, although this was still not authorized.
Abuser businessman
In 2013, missionary businessman Carlos Dalmasso was sentenced to 12 and a half years in prison for the sexual abuse of two of his children.
The Criminal Court of Eldorado gave him the domicile for "the epidemiological and health emergency" that has been in force since the middle of last month in Misiones due to the advance of the coronavirus.
From the environment of his wife and complainant, they assure that they saw him on the street and that he does not use the electronic anklet.
With the collaboration of correspondents.