Lucia Salinas
08/12/2021 11:30
Clarín.com
Politics
Updated 08/12/2021 11:30
The Office of the Attorney for Administrative Investigations (PIA) presented this Thursday before the Federal Chamber of Buenos Aires, the arguments for which it sustained its appeal to the decision of Judge María Eugenia Capuchetti to partially file the case known as VIP Vaccination.
This is the section that analyzed the list of 70 people that included officials, leaders, relatives and those close to political power, who were inoculated with Sputnik V at the beginning of the year and which was revealed by Clarín.
For the PIA, there were crimes committed, and the prosecutor Sergio Rodríguez in his presentation before the Federal Chamber pointed out against the judge.
He argued that "as a result of an incorrect interpretation of the collected evidence," Capuchetti
"reached a wrong conclusion"
and recalled that the agency issued an opinion in which he highlighted that there were more than 300 "irregular vaccinations" at the Posadas Hospital.
Capuchetti had archived the file because he considered that these people had received "special treatment" in relation to the rest of the citizenry, admitting that such behavior could be reprehensible according to the Public Ethics Law, since it could be considered immoral.
But that in light of the Penal Code, there was no crime to impute to that group of people.
Alberto Fernández and Ginés González García when he was in the Cabinet.
He left for the VIP Vaccination.
The PIA that collaborates in the file, rejected the arguments of such decision and maintained in the brief presented before the Court of Appeals, and to which
Clarín
agreed
, that "there has been
For Rodríguez, the "erroneous interpretation" of the magistrate generated a "reigning probative orphan in the process" that "definitively closed" the file.
However, the prosecutor Rodríguez requested that judges Eduardo Farah, Martín Irurzun and Roberto Boicco (Cristina Kirchner's former lawyer) revoke the partial file of the case -as three more lines of investigation remain open-.
At the time of substantiating its appeal, the PIA reiterated that in its opinion Judge Capuchetti
“has reduced the scope of interpretation of the rules applicable to the case
, to whether the vaccination plan established by the national authorities implies a simultaneous or successive process by stages, with respect to the prioritized groups ”.
To support such arguments, the Attorney General's Office reiterated: "We are facing an investigation where, as a result of an incorrect interpretation of the collected evidence, the head of the National Criminal and Federal Correctional Court No. 9 reached an erroneous conclusion." In this sense, they added: "a circumstance that did nothing other than culminate in a resolution by which this Public Prosecutor's Office had to offend", and on that to base their appeal.
María Eugenia Capuchetti, the judge who filed the file of the VIP Vaccination Center.
The first accusation in the case fell on former minister Ginés González García ”
who is still under investigation.
"It would have arranged for personnel from the Posadas National Hospital to go to the headquarters of the Ministry of Health of the Nation to immunize various people who did not meet the epidemiological priority criteria or the scheme of stages established in the Vaccination Plan against Covid-19 ", said the prosecutor.
The list of people who benefited between the end of December and February 23 was more extensive:
Hugo Moyano
, his wife and one of their 20-year-old sons;
Carlos Zannini and
his wife;
Daniel Scioli
and
Eduardo Duhalde made up
the list of those who received the Sputnik V vaccine as part of an irregular circuit implemented by Health.
When analyzing all the cases, Judge Capuchetti maintained that among the groups that make up the "priority" groups (over 60 years, health personnel, strategic personnel, and people aged 18 to 59 with previous illnesses) "there was not nor is there a normative order of priority since Res. MSAL 2883/20 expressly established that it was possible to vaccinate these groups simultaneously ".
The PIA's response to this criterion was that the inoculation plan was simultaneous, and for this reason it considered that the facts investigated "in relation to all the vaccinated persons belonging to said priority groups, are atypical".
Under this analysis, they indicated to the Chamber that the PIA had issued a technical opinion, just days before the resolution being appealed, "which had little or no relevance on the part of the Judge at the time of issuing her arguments and conclusions. ".
Therefore, they indicated that "it is necessary in the opinion of this party to carry out a greater number of tests that allow - at least, in this instance - to determine the inconsistencies raised."
When listing the aspects that still need to be clarified, the PIA detailed that a "correct interpretation is necessary between the answers provided by the administration and the regulations (decrees and vaccinator manuals, among others) in force up to that moment; and which officials and what contributions they had in the process of irregular inoculations carried out with vaccines assigned to the nation and that were destined for other categories of those used ".
Finally, the Attorney General's Office indicated that to date there has been no news of the emails that are protected in the Ministry of Health, "pending the request of the Judge." They are the emails of Carla Vizzotti, Ginés González García, Lisandro Emilio Bonelli, Marcelo Ariel Guille, Mauricio Monsalvo, Martín Horacio Sabignoso and Arnaldo Darío Medina from December 29, 2020 to February 23, 2021.