Lucia Salinas
04/05/2021 17:22
Clarín.com
Politics
Updated 04/05/2021 17:22
Before the Supreme Court of Justice, the highest court criticized by Minister Martín Soria and by President Alberto Fernández himself, Judge Germán Castelli - whom Kirchnerism sought to displace - presented a letter requesting
that he be left permanently as a member of the Federal Oral Court 7 (TOF 7),
which must carry out the trial of the case of the Cuadernos de las Bribes.
The magistrate spoke of a violation of the division of powers, and maintained that the "sensitive cases he is in charge of" are the reason why they sought to remove him from office.
The TOF 7 was one of the last to be created and was complete, until Germán Castelli was included in the list of ten judges who, at the discretion of the Council of the Magistracy -with a Kirchner majority-,
had been transferred to their positions in an irregular manner.
More than twenty days ago, the Federal Administrative Court of Appeals held that Castelli should remain in office
temporarily,
as the Supreme Court of Justice had ruled.
In other words,
your place must be competitive and covered with a regular judge.
The proposal was considered by the member of the TOF 7 as a "legal idiot whose seriousness is also given by tending to generate a forced dismissal."
For this reason, Castelli presented a brief to the Supreme Court of Justice on Monday, the focus of the government's main criticisms.
"
I am a natural judge in sensitive cases established
in said court of national and international public repercussion, regarding some of which the President of the Nation himself has ruled for the innocence of his running mate, accused in various processes (which have resulted in the repeated claim of resources to that Court for the provision of the adequate service of justice in accordance with the National Constitution, which was already verified in the decisions of that Court dated 9/29/20 and 5/11/20, "he indicated in the brief to which
Clarín
agreed
.
In another section of his appeal, Castelli considered that the highest court should be the one to reverse "the unstable and therefore dangerous consequences for the republican system of the ruling" questioned.
Castelli understands that
the Court must intervene "urgently
, in order to adjust its scope according to the limits imposed by the National Constitution."
When analyzing the situation, which began with the proposal of the Council of the Magistracy with a Kirchner majority and which materialized with the vote in Congress for his displacement, together with that of the chambermaids
Leopoldo Bruglia and Pablo Bertuzzi
, Judge Castelli remarked in his writing that if "the maneuver is successful, it would result in the removal of the undersigned as
a natural judge of open processes followed by the current Vice President of the Nation,
among other people, regarding whose innocence the President had publicly ruled."
At the time, the magistrate argued that it was no coincidence that the Congress, chaired by Cristina Kirchner, advanced on her position "since there is a relevant cause in the Court whose main defendant is the vice president."
He still maintains it: in his opinion, there is a political intention in displacing him.
In addition to the Cuadernos case, whose oral trial will begin when dozens of previous proposals and procedures are cleared
, the TOF 7 also has cases against the former head of the Army César Milani, the former minister Julio De Vido and the actress Andrea del Boca.
In a forty-page brief, Castelli claimed before the Court the definitive permanence in office, and recalled that when he made his first proposals he was tried in the first instance "by a secretary without the agreement of the Senate, that is, without independence or impartiality."