03/04/2021 21:21
Clarín.com
Politics
Updated 03/04/2021 21:21
The governor of Formosa, Gildo Insfrán, faced a judicial setback on Thursday, because
the Criminal Cassation Chamber rejected the resources promoted by his administration
so that the provincial justice will carry out the case for irregularities in the isolation centers for patients with coronavirus and its close contacts.
This was established by Chamber IV of the Federal Criminal Cassation Chamber, chaired by Mariano Borinsky, considering
the appeal filed by the State Prosecutor of the province of Formosa at the beginning of last February
"inadmissible"
.
Borinsky and the other member of Chamber IV, Javier Carbajo, indicated that "the appealed resolution, since it provides for the continuation of the process, does not meet the requirement of objective challenge as it is neither a final judgment nor comparable to it in the terms of the Article 457 of the Code of Criminal Procedure of the Nation ".
They added that "the State prosecutor of the province of Formosa had not been able to demonstrate that a federal issue is involved in the case, or a duly founded arbitrary assumption, or that the appealed decision causes a current grievance of impossible or late subsequent reparation that allows the decision taken to be equated to a definitive question and thus enable the reviewing jurisdiction of the Federal Chamber of Criminal Cassation in its capacity as intermediate court ".
Thus, they rejected the presentation that the Formosa Prosecutor's Office formalized on February 2
to challenge the decision taken during the judicial fair to declare the jurisdiction of the federal jurisdiction
to process the collective habeas corpus presented by the national senator for that province and holder of the Juntos por el Cambio interblock in the upper house, Luis Naidenoff.
Naidenoff remarked in his statement that the isolation centers in Formosa
do not respect the conditions of privacy, intimacy, hygiene and sanitation
, and at the end of January,
the Fair Hall of the Federal Criminal Cassation Chamber (which was made up of Borinsky, Juan Carlos Gemignani and Daniel Petrone) determined that this presentation should be dealt with in federal justice.
That first ruling had a vote that was divided, since judges Borinsky and Gemignani understood that the jurisdiction belongs to the federal courts, while Magistrate Petrone, in a minority, shared the criteria of the prosecutor Raúl Pleé, who considered that the provincial justice should act of Formosa.
And days later, on February 2, it was when the Formosa Prosecutor's Office challenged that ruling and filed an extraordinary federal appeal with which it wanted the Supreme Court of Justice of the Nation to be the one to define whether it was the provincial or federal justice. the one who should carry the case forward.
With their recent pronouncement, the chambermaids Borinsky and Carbajo
also validated the ruling of the Federal Chamber of Appeals of Resistance, province of Chaco, which revoked the resolution of the federal judge
of first instance of Formosa who had declared abstract and rejected the habeas corpus promoted by Naidenoff.
The definition was taken "taking into account
the importance of the constitutional rights at stake
and the consequent need to intensify the precautions aimed at their protection."
It was also recalled that "the request for reports to the authorities and the visual inspection in government isolation centers by the judicial authorities themselves must be complied with."
Judges Borinsky and Carbajo highlighted that the Supreme Court of Justice of the Nation, on February 25, 2021 and within the framework of a competition incident, asked the province of Formosa to
urgently report on the current situation of government isolation centers
and the application of protocols for the protection of human rights of individuals.
They also recalled that, on the same occasion, the Highest Court exhorted the province of Formosa to "carry out the control and prevention of the spread of the Covid-19 virus in accordance with the constitutional and conventional standards concerning human rights." .
DS
Look also
The failure of a mayor at the opening of the Formosa school year: "We have managed to win"
