Updated 03/03/2021 18:59
The comptroller of the National Institute against Discrimination, Xenophobia and Racism (Inadi), Victoria Donda, faces another complaint in the Justice, now for having appointed her personal lawyer
as director of Legal Affairs
, with whom she promoted complaints of a nature. private -as a deputy who intervened in specific cases- against the Nation and against the Autonomous City of Buenos Aires.
The judicial presentation was made by lawyers
Juan Martín Fazio
of the Apolo Foundation and was left in the hands of federal judge Luis Rodríguez.
In the criminal complaint, it is noted that Montini had sponsored the head of Inadi in several processes that she had initiated against the State.
by itself or by third-party situations- For this reason, they consider it incompatible that he now works as director of the legal area of the body that Donda commands and maintains those sponsorships.
The Treasury attorney himself, Carlos Zannini, head of the state attorneys, stated, according to the complaint, that "the Comptroller of INADI" was the one who "led to the temporary appointment of Dr. Montini" in his current position.
For Magioncalda and Fazio “
it cannot validly be affirmed that Donda was unaware
that the person whom she called for the position of director of the Directorate of Legal Affairs of INADI was found to be in the
[…] of sponsorship of causes against the interests of the State in any of his orders with the exercise of a position within the body of lawyers of the State ".
Last January, the members of the Apolo Foundation had appeared before the Anti-Corruption Office, for the same situation: they accused Donda and Montini for "the possible violation of the Code of Ethics of the Public Function."
At that time, they explained that "Montini was already Donda's sponsor lawyer since before his appointment at INADI,
in an appeal that the head of the Institute had filed against the Ministry of National Security
"That is to say,
before taking office, Emiliano Montini did not renounce the sponsorship of Victoria Donda
, and his character as a sponsor can still be verified in the electronic file. Furthermore, just six days after his appointment, Emiliano Montini received the identity card that notified the Court ruling ratifying the sentence appealed by the plaintiff. Thus, it is clear that Emiliano Montini fulfilled - while exercising his public office - at least one essential function of the process, from which the duty to communicate the result and advise to his client, his hierarchical superior at INADI, about the steps that should be taken in relation to the litigation, "they argued.
The Anti-Corruption Office, headed by Félix Crous, is the body that must strive to avoid conflicts of interest or incompatibilities.
It could be the case of Montini, who as a state lawyer could not maintain private sponsorships and, even less, of another official like Donda, on whom she depends on the state organization chart.
Here I leave the complete complaint to @vikidonda in case you want to make any clarification to the citizens who pay their salary with contributions and all that.
Yes, with contributions ... Continue ... pic.twitter.com/uh57IEw0ha
- José Magioncalda (@magioncalda) March 2, 2021
In their presentation, the complainants provided the causes in which Montini intervened as Donda's lawyer and the official appointment of the lawyer in the Inadi, by publication in the Official Gazette with the signature of the Chief of Staff, Santiago Cafiero.
This Tuesday, Donda presented a new complaint line for discrimination cases - number 168 - in a ceremony at Casa Rosada, together with the Minister of Justice, Marcela Losardo.
The Minister for Women, Gender and Diversity, Elizabeth Gómez Alcorta, the Secretary for Human Rights, Horacio Pietragalla Corti, the head of Aysa Malena Galmarini, Miriam Lewin, head of the Public Defender of Audiovisual Communication Services, were present at the event. Victoria Tolosa Paz, among other officials.
The other cause
The new complaint was known after, this Monday, federal judge Sebastián Casanello rejected the possibility of summoning the Donda inquest, in the case that investigates
whether he committed a crime by offering his former domestic employee a position in the agency
, considering that there is a "deficit in the imputation" and it does not correspond to summon it.
"The problem that we observe is that there is no - or has not been made explicit in the fiscal opinion - a functional act that specifies the deviation of power allegedly advanced in the conversations between Donda Pérez and his former employee," said the magistrate in the resolution with the that he decided not to accept the inquiry requested by the prosecutor Guillermo Marijuan.
But the prosecutor Guillermo Marijuan insisted on Tuesday before the judge to review his decision.
"It should be noted that the factual and legal arguments provided in a timely manner to request the investigative statement of the defendant Donda Pérez are reproduced in their entirety," said the judicial official when reiterating the request, as stated in his new brief.
This is the case in which Donda was charged with fraudulent administration and embezzlement of public funds, after the complaint made by the lawyer of her former domestic employee, to whom the official offered to exchange her resignation for a social plan or a contract in the directing body.
Casanello delegated the investigation of the case to Marijuan and that is why the prosecutor insists on the rejection of the measure that, to be executed, needs the permission of the judge.
"The circumstances alleged (by Casanello) for not giving effect to the request of this party - which could advance its position in order to the matter of substance debated -, do not affect the criterion adopted by the undersigned, since the facts by which The investigative statement of the accused has been requested, they have been evaluated and legally qualified by this representation of the Public Prosecutor's Office, beyond the typical framework that could ultimately correspond, which is why it is not possible to make any type of evaluation to what was expressed by the acting magistrate, but only to maintain the position adopted and substantiated in a timely manner, "wrote the prosecutor, who could take letters to separate the judge, from remaining in the rejection.
The decision is still in Casanello's hands.
After the rejection of Sebastián Casanello, the prosecutor Guillermo Marijuan again requested the investigation of Victoria Donda
Judge Sebastián Casanello refused to investigate Victoria Donda about the scandal with her domestic worker