The Federal Chamber of Criminal Cassation
confirmed
the removal of the judge and former lawyer for Cristina Kirchner, Roberto Boico, from the case investigated by Operativo Puf against the case of the Cuadernos de las Coimas.
Boyco, as a member of the Federal Chamber of Buenos Aires, had been trying to direct this cause that worries Kirchnerism.
Cassation
agreed yesterday with prosecutor Carlos Stornelli
at a time when he was attacked by Judge Alejo Ramos Padilla in the Impeachment Committee against the Court for requesting the filing of a complaint against Buenos Aires Security Minister Marcelo D'Alessandro based on the hacking of their chats.
And so Casación
enabled
the investigation opened in 2015 against Ramos Padilla, Eduardo Valdés and others for having allegedly put together a file to throw Stornelli and the late judge Claudio Bonadio out of Cuadernos.
The ruling was made public
while
the Commission for Political Trial of Deputies, managed by Kirchnerism, threatened to forcibly summon Stornelli as a witness, since the prosecutor opted for the law that allows him to testify in writing.
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Chamber III of the Federal Chamber of Criminal Cassation, made up of Juan Carlos Gemignani, Mariano Borinsky, and Javier Carbajo, resolved
to declare inadmissible
the challenge filed against the removal of Boico – a one-person member of Chamber II of the Federal Court of Appeals of this city- to intervene in case 1374/2019 called “Operativo Puf”.
At the same time, the majority accepted the complaint filed by Stornelli, against the decision of Boico, who, at the
request of Juan Ramos Padilla
-father of the La Plata judge and organizer of marches against the Court- removed federal judge Julián Ercolini from the statement of that case.
The Cassation ruling
is closely linked to the recent and controversial statement by Alejo Ramos Padilla
before the Political Trial Committee of Deputies that was
in tune
with Cristina Kirchner's strategy against the Court.
In the shorthand version of that statement, it is confirmed how Ramos Padilla Jr.
calls the president of the Court "Mr. Rosatti"
, while he calls the magistrates and legislators by their titles.
Ramos Padilla had been summoned to testify about his resolution in which
he declared himself incompetent
, after several days, to investigate a complaint from the Buenos Aires governor, Axel Kicillof, to investigate the hacked chats to the Buenos Aires Minister of Security, Marcelo D'Alessandro, of his conversations with the spokesman for the Court, Silvio Robles.
Without any deputy asking him and
defensively,
he went out to justify his controversial actions in the case against the false lawyer Marcelo D'Alessio who, in a Forum Shopping maneuver, was opened in his former court in Dolores and not in the Federal Capital , where it belonged.
On several occasions, he said that the "wiretaps that were collected in the Ezeiza prison, where a system of illegal wiretapping was set up on all the politicians who were imprisoned in pavilions C and D, including Boudou, De Vido, Baratta and Schiavi,
they were illegal
”.
These wiretaps are the basis of the case that Cassation authorized to continue investigating without the participation now of the chambermaid Boico.
Ramos Padilla's statement
caused much controversy
in that commission and even a striking clarification from the president of the bicameral Intelligence commission, Christian Leopoldo Moreau -another promoter of Operative Puf-, who now affirmed that the "wiretapping was not illegal
,
but
its dissemination
” to the media.
Ramos Padilla Jr., a member of "Justicia Légitima", said that on this basis of wiretapping, "a political trial was carried out against me, on the 35th of 2019, for which Dr. Pablo Tonelli promoted the process based on a denunciation of Mahiques and the Civic Coalition”.
The requests for impeachment were his controversial statements before the Freedom of Expression Commission on March 13, 2019, where he denounced that he had discovered that D'Alessio was part of "a national and international espionage organization", unprecedented in democracy and that It was going to harm relations with the United States, Venezuela, Iran, Uruguay and Israel, which never happened.
In the case it was found that D'Alessio
was not part of
any espionage service but he was convicted of extortion attempts.
So, “Mr. Bonadio (NdR ex-judge) sent a letter to Mr. Tonelli without being asked to do so on May 24, 2019 telling him that these wiretaps could be useful in the context of my political trial.
And on Sunday they were published, edited in
Jorge Lanatta's
"Journalism for All" program , said Ramos Padilla.
"I want to say that if what they are going to discuss here has to do with the use or not of wiretapping in an impeachment process, in my case they did it for three years
while
I was handling highly relevant files" when justifying the eventual investigation of D'Alessandro based on his hacked chats.
Next, he said that "if what is being discussed is the validity of wiretapping in a political trial, it is clear that there is
the "Oliveto doctrine" or the "Tonelli doctrine"
that consider that, in these cases,
wiretapping is valid
", added the judge who comes from the field of Human Rights.
When asked by the deputy of the Civic Coalition, Juan Manuel López, he said that he only
saw Cristina Kirchner three times in public events but that he does not know her.
He does know, through her father, Moreau.
He then defended Kicillof's presentation against D'Alessandro. He stated that "for there to be illegal espionage, and the citation of 25,520 that Dr. Stornelli makes in his opinion, it is necessary for the State to intervene, a
public official,
like those wiretaps that the AFI to the prisoners of Ezeiza”.
The AFI had intervened the public telephones of that pavilion because
Mario Segovia "The King of Ephedrine" was there by order of federal judge Federico Villena.
Segovia, through third parties, was preparing bomb letters, as was later verified.
Then the deputy of the CC and Elisa Carrió's lawyer, Mariana Stilman, asked Ramos Padilla to
focus
on his ruling regarding the Kicillof complaint and the deputy K Vanesa Siley
came out in defense of Ramos Padilla,
in the middle of a exchange of opinions aloud.
"Madam deputy: first, I must clearly point out
the difference between a political process and a criminal process,
I don't know if I was clear in that sense...", said Ramos Padilla.
But Stilman replied “the legality we understand from the interblock must be respected
both in judicial, and in legislative and administrative headquarters
.
The ethical superiority of the State governs everyone, that's why my question”.
Later, Ramos Padilla affirmed that
"there is an independent source"
of the hacked chats and Stilman asked "But is it presented in the case?"
“
No.
_
I would have to do the analysis,” the magistrate replied doubtfully.
"The wiretaps that Deputy Oliveto received or those that Stornelli received under the table, which he had carried out in the intelligence pavilion, that
was illegal espionage
under the terms of Law 25,520," he insisted.
Then, Deputy López, questioned "By what resolution was illegal espionage declared?"
listening to K prisoners in Ezeiza.
He admitted that "there was a judicial authorization (from the Lomas de Zamora judge Federico Villena) to intercept the conversations in Segovia for drug trafficking,
not from Amado Boudou and all the political prisoners from pavilions C and D.
"
They were two public telephones shared by all the prisoners.
In tune with Cristina's speech, Ramos Padilla assured that "
the Court was compromised
in this situation because it had Dajudeco (the listening office) and, it drew up an agreement, 17/2019, where it repudiated what was happening with the you listen in Argentina”.
"That actually deserved
a criminal complaint
, because the irregular treatment of these wiretaps constitutes an illegal act under the terms of Law 25,520," said Ramos Padilla.
“Indeed, the telephone interception was authorized by a judge, Judge Villena.
What was not authorized is for them to circulate the transcript
.
In other words, the circulation of the transcript was illegal," Moreau said.
Then, the deputy López clarified that the complaint of the Civic Coalition on Operative Puf that when "we received these transcripts we presented them to the prosecutor on duty - who was
Dr. Franco Picardi
at that time."
“Surely many will know him, because
he was an official in the Ministry of Justice during Cristina Kirchner's management
before becoming a prosecutor- and we categorically clarify that we did not know his origin and veracity.
Nothing more, ”he pointed out.
Then, the deputy Eduardo Valdés intervened, who ten days before the complaint against D'Alessio filed in February 2019 before Ramos Padilla knew about the forum shopping maneuver to open the case in Dolores.
"
The only one they denounced was me
, Eduardo Valdés," said the Christian deputy, posing as a victim.
Later, López asked Ramos Padilla if there was a forum shopping with Kicillof before his court that was on duty?
“The motivation that Governor Kicillof may have had to denounce
must be asked of him
.
They are motivations that are within the private jurisdiction ”and he justified the opening that he made of the cause in which he finally declared himself incompetent.
Kicillof presented it after complaints, in almost identical terms, from the K governors of Santiago del Estero, Gerardo Zamora, and of La Rioja, Ricardo Quintela.
Then the deputy Paula Oliveto asked for the floor, who
felt humiliated as a woman
when Ramos Padilla in 2019 in the Chamber of Deputies broadcast a dialogue between her and D'Alessio.
"Your Judge, I have never made any presentation to you, not even in civil terms, because perhaps intentionally or not,
you violated my privacy
when you showed a private conversation of mine in a commission, which I did not respond to."
"Doctor: from then on, I have received
all kinds of threats and situations that compromised my family
and me personally," Oliveto stressed.
“I was always up to the law and I never had, and
I tell you looking into his eyes, any relationship with any person or intelligence organization in my entire life.
I have always been a political militant who worked and fought for the Constitution and democracy throughout my career as a representative, militant and political leader”, added Olivetto, whom Ramos Padilla investigated in the D'Alessio case.
Later, the deputy of Together for Change, Graciela Ocaña, intervened, who said that "I do not know what to call,
testimony or opinion of the judge
", and asked if former vice president Amado Boudou, sentenced in the Ciccone case to 5 years and 6 months in prison, he was also a “political prisoner”.
The question led to another debate and Ocaña insisted that “it is something that the judge mentioned.
Besides.
Ramos Padilla was
giving opinions on causes
, even those that were not in his charge, during various parts of his speech.
Finally, Ramos Padilla
praised
the Impeachment Committee that is trying to dismiss the members of the Court.
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