Complaints for
prevarication
, for
delay of files.
Others for omitting habeas corpus, there are also some for
mistreatment
, among others.
The list is diverse, and those targeted are
national and federal judges,
some from Comodoro Py: there are
41 indictments filed before the Judicial Council that are about to expire
.
They never received any type of treatment and if investigative measures are not taken, it will never be known if the content of the complaints warranted that judicial officials be punished or not.
The number of complaints against federal and national judges for different suspicions and irregularities amounts to 222. Of this universe,
none concluded their process
within the Council of the Magistracy.
They are in force ,
the majority
without movement and despite the modifications that the organization faced regarding the number of members after the ruling of the Court that returned to the integration of 20 people.
Another relevant number is added: in three years, 4
1 complaints did not receive any type of treatment
and are close to expiring.
In other words, by regulation
they will no longer remain open
for the corresponding investigative process to begin.
Within its functions, the body has the responsibility of ensuring the correct performance of the judges.
When the complaints advance, an accusation commission is set up where the presentations are analyzed and treated.
However, the 41 complaints that will expire in the coming months did not have any instructions from the reporting counselor and the process in three years, as required by the regulations, is considered concluded.
Basically, that time elapsed without movement prevents the accused judge or judge from being investigated and determining whether or not he is responsible for the accusations in each file.
"The informant counselors have the obligation to promote or dismiss the complaints, if we do not do so, this must generate some type of responsibility. I have seen complaints that were filed without having had a single movement," the counselor representing the members told
Clarín
.
lawyers, Jimena de la Torre.
From the Civil Association for Equality and Justice (ACIJ) in response to this situation, they sent a note to the authorities of the Council of the Nation's Magistracy warning "about the enormous number of disciplinary processes close to expiring because they are close to completing three years since the respective complaints were made.
Analysis of the complaints shows that
they will expire in the next nine months
.
Among those denounced are Comodoro Py judges from various instances.
A piece of information: the presentations were made by current officials and former members of the Kirchner cabinet and, despite this, the Council with a pro-government majority
never treated them.
For example,
Martín Soria
-Minister of Justice- denounced the chambermaid
Martín Irurzun
on August 18, 2020, and that presentation was not even analyzed.
Amado Boudou
also
made an accusation against the member of Chamber I of the appeals chamber,
Pablo Bertuzzi
for his transfer to occupy said position "the complaint says that it was an award from the Macri government."
It didn't prosper either.
Ricardo Echegaray
, former head of the AFIP during the twelve years of Kirchner's administration, also denounced a judge of the economic criminal jurisdiction by stating that he found out about his inquiry through the media.
He will expire in the next few months without any movement.
The ACIJ explained to
Clarín
that the vast majority of the files "show a state of almost absolute inaction, without relevant measures to investigate the facts denounced."
In numbers, the situation reflects that
in 34 of the 41 files about to expire "no relevant measure was taken
in order to promote the treatment of the cases" and only in 12% of the universe of cases, the Disciplinary and Indictment Commission issued an ruling on of the adequacy of the complaints to the minimum formal requirements.
In only two cases was any test measure ordered to be initiated.
Counselor De la Torre told
Clarín
that this situation makes it impossible to know "whether or not the accused judges deserved some type of sanction."
Something similar was raised from the Association before the consultation of this medium.
"The practice of letting files expire (which is attributable to all sectors and parties of the Council) is serious in a double sense: on the one hand, there may be serious complaints that remain uninvestigated or resolved - and the judges are finished
" saving" just because time passed
”.
There is another factor to consider and that is that on some occasions there are magistrates who are the object of what the Council calls
"unjustified complaints"
, but who, lacking any type of treatment, disciplinary files are left open for three years, "which
It is a very big conditioning
during that period, ”explained judicial sources.
The situation is not new.
Three years ago, the ACIJ had already stated that only in 22% of the cases analyzed had the Council of the Magistracy carried out any evidentiary measure.
Of the 3,584 cases that formed the basis as of the cut-off date of this report, 224 cases dismissed due to the passage of time were identified.
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