Alexander Alfie
11/20/2020 8:13 PM
Clarín.com
Politics
Updated 11/20/2020 8:13 PM
The Federal Chamber of Criminal Cassation stated that the cause of illegal espionage by the Federal Intelligence Agency (AFI) during the macrista administration should cease to be investigated in Lomas de Zamora and
go to the federal court of the city of Buenos Aires
, where the largest crime occurred. part of the facts and the main defendants are based.
In this way, the highest criminal court began to resolve the conflict of jurisdiction raised in recent months between Judge Juan Pablo Augé, from Lomas de Zamora, and Judge María Eugenia Capuchetti, from Comodoro Py, regarding which court should investigate the cases of
illegal espionage by the AFI during the macrista administration
on political leaders, journalists, and union members, as well as those arrested for corruption in the Ezeiza prison.
The court made up of judges Mariano Borinsky, Javier Carbajo and Gustavo Hornos
resolved to "partially annul" a ruling by the Buenos Aires Federal Chamber,
which established that almost the entire case should be handed over to Comodoro Py, except the section of espionage in prisons;
and resolved that the Federal Chamber issue a new ruling where the crimes of illegal espionage in the Ezeiza prison are also investigated in the Buenos Aires court.
The Cassation Chamber resolved to send the ruling to the Federal Chamber, so that it "may issue a new pronouncement in accordance with the law and the updated records of the case," according to the ruling that
Clarín
agreed to
.
Is that the attorney general Raúl Pleé argued that the previous resolution of the Federal Chamber
"was arbitrary for incurring in self-contradiction
, by declaring, on the one hand, the competence of the Buenos Aires federal justification to investigate an illegal association, built from the State apparatus itself and dedicated to commit acts in violation of Law 25,250, to later affirm the preeminence of the Lomense judge in order to determine whether a section of the events - those committed in the Ezeiza prison - were attributable to that same organization ”.
For this reason, Pleé ruled that the investigation of illegal spying in prisons "takes place together with the rest of the case."
And that this investigation must be carried out in the federal courts of Comodoro Py.
The Criminal Cassation Chamber resolved in line with what was raised by the prosecutor Pleé, in a
divided judicial decision,
in which Borinsky and Carbajo took that resolution;
while Judge Hornos voted in dissent, stating that the Cassation Chamber should not intervene to resolve this conflict.
The ruling was known this Friday, just when the round of inquiries began in Lomas de Zamora to 25 accused of illegal espionage in prisons during the macrista administration, among which those of the former AFI heads, Gustavo Arribas and Silvia stand out. Majdalani, scheduled for the next 9 and 10 December.
