Lucia Salinas
09/13/2021 3:53 PM
Clarín.com
Politics
Updated 09/13/2021 4:52 PM
After the electoral defeat of the Government in the PASO, the file that investigates the violation of the quarantine at the birthday party that Fabiola Yañez and the president organized in the fifth of Olivos
was finally in charge of Judge Lino Mirabelli, head of the federal court 2 of San Isidro.
This Monday the magistrate accepted the jurisdiction of the investigation, but rejected the complaint against Mauricio Macri and Elisa Carrió for not having territorial jurisdiction and lack of imputation.
Two weeks ago, Sebastián Casanello - the first judge in the case whose main defendant is President Alberto Fernández - decided to dispose of the file.
In its substantiation, it maintained that "the opinions and the evidentiary activity carried out by the Prosecutor's Office show that the facts that are the subject of investigation took place in that Presidential Residence, located in the town of Olivos, Vicente López, Province of Buenos Aires".
Within the corresponding deadlines,
none of the parties appealed Casanello's decision
, for which reason the incompetence was final.
And the Chamber of San Martín filed the file with the judge on duty at that time, who was Mirabelli.
This Monday the judge signed the resolution through which he accepted the jurisdiction of the case: "in the face of the scenario raised, after having examined the documents sent from the digital file, I conclude that it corresponds to partially accept the jurisdiction attributed with respect to a portion of the events externalized in the accumulated complaints, and reject it regarding the remaining facts since the latter would exceed the territorial jurisdiction of this judiciary, "said Mirabelli in the resolution to which
Clarín
agreed
.
The acceptance of the case is partial since it
refused to keep the complaint and subsequent expansion made by the lawyer Alejandro Sánchez Kalbermatten, against Mauricio Macri and Elisa María Carrió
, as a result of their alleged breaches of the health regulations implemented to contain the COVID-pandemic. 19.
The judge understood that it was not his responsibility to have the case, and returned it to Casanello.
He also observed that there was no complaint made about the former president and the leader of the Civic Coalition.
But he also highlighted that
the denounced events occurred in Exaltación de la Cruz "that is, outside the space of this territorial jurisdiction
,
"
the magistrate said.
On the birthday of Fabiola Yañez on July 14, 2020, in which the head of state and nine other guests participated when a strict quarantine was in force, Judge Mirabelli understood that he should process in San Isidro, agreeing with the criteria raised by his peer by Comodoro Py.
"I share the position of the declining magistrate in that some of the denounced events, in alleged violation of the sanitary measures dictated by the national authorities with the purpose of mitigating the spread of the COVID-19 pandemic, whose common denominator is positioned in the Olivos Presidential Estate, "he said.
Basically, added the San Isidro magistrate, "because the geographical aspect of such episodes is notorious and obvious, in accordance with what is deduced from the complaints themselves and part of the elements collected."
The file reaches San Isidro with
the accusations made by the first prosecutor in the case, Ramiro González
.
The list of those investigated is headed by the President, the first lady and the other participants of the party.
The case seeks to determine if the regulations signed by the Head of State were violated, when he imposed a strict quarantine and investigates whether the denounced behaviors "could constitute the crimes provided for in articles 205 and 248 of the Penal Code, which establish the typicity of the actions. of the official who will not execute the laws whose fulfillment is incumbent upon him. "
In his accusation, the prosecutor González attributed responsibility to the President for the violation of article 205 of the Penal Code, which provides
a penalty of 6 months to two years in prison
for anyone who "violates the measures adopted by the competent authorities to prevent the introduction or spread of an epidemic ".
All these data came from the DNU that the President himself had signed.
For the Government, it is good news that Mirabelli is staying with the case.
For the ruling party, the other federal judge in San Isidro, Sandra Arroyo Salgado - the former wife of prosecutor Alberto Nisman - is not "impartial," as the Vice Minister of Justice,
Juan Martín Mena, maintained.
"In terms of a cause with the political dimension that it has been tried to give, it seems to me that it is not the most appropriate if what is expected is an impartial ruling or an impartial investigation," Mena warned ten days ago.
And he added that the Olivos cause "has too political connotations."