Daniel Santoro
09/19/2020 - 19:04
Clarín.com
Politics
In
a record time of twelve hours
, President Alberto Fernández signed and had three decrees published in the Official Gazette on Thursday endorsing the controversial decision of the Senate majority K to annul the transfers of judges Leopoldo Bruglia, Pablo Bertuzzi and German Castelli.
In normal times it would have taken at least a couple of days.
The rush
is explained by the need to improve the critical judicial situation of Vice President Cristina Kirchner
.
And the removal of those first two judges goes hand in hand with the secret strategy to
go on to control the Buenos Aires Federal Chamber
and then the Federal Oral Court 7 which must judge her as the alleged head of an illicit association in the case of the Cuadernos de las Bribes .
A move that not even former president Carlos Menem could specify.
If the Court does not quickly annul the review of the transfers, Bruglia, Bertuzzi and Castelli should return to the oral courts of the Capital, La Plata and San Martín, respectively, which they occupied two years ago, in an unprecedented event in democracy.
Until now, the highest court
has remained hermetic
, even with an administrative request from the judges for an extraordinary license to be granted until the substantive question is decided: if the removal was constitutional.
After the publication of the decrees, the Court already has
"a concrete grievance"
to resolve, unless the opinions of its members who do not want to appear as
"obstructionists" in
front of the Government
prevail
.
While attention was focused last week on the Senate - the opposition withdrew from the premises -
Kirchnerism is betting on the result of a contest to fill two vacancies in room II of the federal chamber
where two candidates linked to Kirchnerism compete Alejo Ramos Padilla and José Boico, among others.
The first, as the federal judge of Dolores, accepted the
forum shopping
maneuver of
the “chacarero” Pedro Etchebest against Marcelo D'Alessio in Dolores, in tune with Operative Puf.
And Boico, a former lawyer for Cristina, had been appointed as a deputy judge of Chamber I of the Federal Criminal Cassation Chamber in 2013 when the then president wanted to prevent the pact with Iran for the attack against AMIA from being declared unconstitutional.
On the other hand, the federal judge and professor of Law at the UBA for years Julián Ercolini
quietly stepped down from his application
, after the unfounded accusations of the K against him.
At the same time, Kirchnerism also had interviews taken to
fill two vacancies in the Economic Criminal Chamber
.
If the judicial reform that is currently being debated in the Chamber of Deputies is approved, it would merge with the Federal Chamber, constituting
a single appeal court
for all corruption cases that occurred in the Capital.
Judges Leopoldo Bruglia and Pablo Bertuzzi (right) in a trial.
Photo Rolando Andrade Stracuzzi
Strategy K is complemented by
a complaint that the former director of Counterintelligence of the AFI and deputy of the Frente de Todos,
Rodolfo Tailhade
, filed against the historic member of this chamber,
Martín Irurzun.
The other judge of this court is Mariano Llorens who has not yet been attacked by the K.
And now Juntos por el Cambio hopes that the ruling party will ask in the next few days in the Council of the Magistracy to
open "another contest to replace Bertuzzi and Bruglia and continue with its policy of fait accompli"
, while the Court does not define itself on the
per saltum
presented by the three judges.
The fight that comes in the Magistracy is that the K will say that there are
"four vacancies"
in the Federal Chamber and the opposition,
"only two"
because they do not accept the controversial removal of Bruglia and Bertuzzi, that is,
"accumulate contests
.
"
The member of the Magistracy and JxC deputy, Pablo Tonelli, said that so far the Disciplinary committee has only been summoned for Thursday.
If you want to rush the contests further, you should send the interview reports to the candidates early in the week.
"We are not going to allow them to destroy justice,"
said Tonelli.
For his part, the member of the Council of the Magistracy Juan Pablo Más Velez told
Clarín
that "it is very important that the system for appointing judges by competition works normally to avoid that the anomalies that would result from their inaction become excuses or, worse still, causes to
justify irregular ways, covering vacancies or functioning of the Courts
".
"For this to be possible, in this context, it is essential that each of the powers that intervene in the process
play a legitimizing role by assuring citizens of a suitable and plural judiciary
," added the representative of the Buenos Aires lawyers.
To ensure the selection of the best, Mas Velez said that "a
self-limited
government
that guarantees pluralism
is needed
, a Senate that privileges the election of the best over the like, and a Council that submits shortlists that by their composition and opportunity allow subsequent interventions
are virtuous
.
"
If the Ks manage to occupy the positions of these two in room I of the appeal court and that the new chambermaids swear, the case of the former chief prosecutor of Santa Cruz, Eduardo Sosa, will be repeated.
Kirchner fired him and when the Supreme Court reinstated him, many years later, in office, he was already occupied and
his order fell on deaf ears
.
The Buenos Aires Federal Chamber has a strategic role in corruption cases against national officials on duty.
First, the federal jurisdiction - whose judges serve in the Comodoro Py courts -
has jurisdiction over any complaint of corruption
against national officials based in the CABA.
Then, that court of appeal is the one that confirms or rejects the prosecutions or dismissals ordered by the judges of the first instance.
Until 2015, corruption cases took an average of 16 years to be resolved due to political pressure and procedural obstacles.
And since the change of government,
most of the judges "do the plate"
against these cases.
In reality, the complete integration of that chamber has not been achieved since 2007 and in 2018 there were more empty seats than
the six of that court
.
Horacio Cattani, who together with Irurzun drew the famous ruling on the right to the truth of the disappeared in the face of Menem's pardons, retired in February 2018.
Then Eduardo Farah resigned from the chamber, after the controversial release of businessman K Cristóbal López and asked to go to an oral court in San Martín in 2018. Plan K includes that
Farah return to the Federal Chamber.
For his part, Jorge “Pati” Ballesteros also retired in June 2018 due to the case of fraud against the State of Oil Fuels for more than
8 billion pesos
.
Attempts to fill those key positions
summoned 95 applicants in recent years.
Last Friday, personal interviews were held with the applicants for two positions in room II of the federal chamber.
They were under the supervision of the members of the Magistrates Selection Commission and Judicial School of the Magistracy, made up of the deputy Graciela Camaño and the rector of the University of Lomas de Zamora Diego Molea, generally aligned with the K.
The applicants summoned to the federal chamber were Diego Amarante, Roberto Boico, Alejo Ramos Padilla, Pablo Yadarola, Federico Feldtmann, Ivana Quinteros, Francisco Posse, Marcelo Martinez de Giorgi, Luis Arnaudo, Ignacio Labadens, Javier López Biscayart, Elena Dilario, Leonel Gómez Barbella, Julio César Di Giorgio;
Maria Eugenia Di Laudo;
Flugo Decaria;
and Susana Marina Echevarria.
For their part, the candidates for the Economic Criminal Chamber, who if the judicial reform is approved, would become a single federal chamber in CABA are: Alejandro Catania, Juan Galván Greenway, Pablo Turano, Esteban Turano, Rafael Caputo, Patricia Mieres, Ramón Bogado Tula, Marcela Basso Craig, Santiago Roldán, Julio Di Giorgio, María Straccia, María Pérez Cárrega, Federico Luspa, Diego Amarante and Matías Latino.
For each vacancy, the Magistracy must raise a list of three to the President so that he may choose one and send his statement to the Senate.
But each candidate needs two-thirds of the 13 members of the body that, for now, the K do not have them, and in this instance the representatives of Cambiemos plan to give the final fight for the integration of this court