A 19-page report sent to federal prosecutor Carlos Rívolo was one of the central pieces of evidence on which he relied to maintain that there was no external financing or the backing of any political organization behind the attack on Cristina Kirchner. The vice president criticized the decision of the representative of the Public Prosecutor's Office to ask Judge María Eugenia Capuchetti to close the investigation and send to oral trial the three defendants and detainees in the investigation.
"In his opinion, the prosecutor completely omits to assess everything related to the lines of investigation that point to people who go beyond (Brenda) Uliarte, (Fernando) Sabag Montiel and (Nicolás) Carrizo," Cristina Kirchner said in an extensive letter published on her social networks.
He continued with his criticism of the judge in the case whom he tried unsuccessfully on several occasions: "There is no clearer practice to seek impunity for complex cases, than to break them into pieces. What remains is never investigated again. And Commodore Py has a sorry record in that regard. I said it a thousand times: neither Capuchetti nor Rívolo wanted to investigate the assassination attempt and now they intend to close the investigation with a speed that they never demonstrated in any case."
The case was opened with the cover of attempted homicide, a few hours after the attack suffered by the vice president on September 1 of last year. Prosecutor Rívolo detailed in his opinion 361 measures of evidence that were contemplated and analyzed during the investigation of the case.
To date, three people have been arrested, investigated, prosecuted and with the accusations against them, confirmed by the highest instance, the Federal Court of Appeals. They are Fernando Sabag Montiel, his girlfriend Brenda Uliarte and Nicolás Carrizo -pointed out as the "boss of the Copitos-. The crime attributed is attempted homicide aggravated by the use of a firearm and premeditation of the act.
This structure of facts is the central object of this file that focused on determining who were responsible for wanting to assassinate Cristina Kirchner. Judge María Eugenia Capuchetti prosecuted with differences of weeks the three young people who remain imprisoned since last year. Faced with this fact, plus the weighing of the measures of evidence produced, prosecutor Rívolo considered that it is time to conclude the investigation and move towards the next instance: the oral trial.
The decision was criticized by the vice president who considers that not everything necessary to link the facts of this cause with the possible participation of the space known as Federal Revolution was investigated, to support the thesis of an attack concocted from political spheres opposed to Kirchnerism. At this point he also refers to Nicolás Caputo as allegedly responsible for financing the attack of which he was a victim.
These proposals were dismissed by prosecutor Rívolo: "All the information analyzed, including that of the Office of the Prosecutor for Money Laundering (PROCELAC) shows that those named did not receive during the two years prior to the attack any sum of money that would presume that they had been financed to carry out an act like the one investigated here." It was indicated in the request for elevation to trial.
That is to say: for the prosecutor who has delegated the investigation, the case of the attempted homicide has three responsible: Sabag Montiel, Uliarte and Carrizo, and outside that precarious structure there are no more possible links, depending on the evidence analyzed.
"All the transfers and income analyzed are absolutely correlated with the informal activities that those named carried out to survive," added the representative of the Public Prosecutor's Office.
Along the same lines, Rívolo indicated that all the evidence incorporated into the case "prevents considering that there has been an organization of any kind, political party or partisan, person or group of people who have, in some way, financed, planned, covered up or contributed in any way with the accused to carry out the act investigated."
A key test
On what basis did you arrive at these conclusions? In his request, at the time of detailing the 361 measures of evidence, he indicates that in January of this year he received a report from federal judge Marcelo Martínez De Giorgi.
The magistrate was the one who prosecuted the members of the Federal Revolution group, including its main referent Jonathan Morel, for "organizing and taking part in permanent or transitory groups that seek to impose their ideas or combat those of others" through violence. They were prosecuted for incitement to violence without pretrial detention.
That is to say: in that case a political link with the attack on Cristina Kirchner is not investigated, but another crime and two federal judges (Martínez De Giorgi and Capuchetti), together with the Buenos Aires Federal Court, agreed that legally, the cases should be processed separately. Cristina Kirchner insists that this has the sole purpose of "guaranteeing impunity, not finding out the truth."
Among its foundations, Rívolo said that the report that was sent to him in the framework of the case where the Federal Revolution is being investigated in another court, "did not come up with files that could be related to the links between the members of the group" led by Morel, "and the people accused in the case" that Judge Capuchetti is in charge of and that focuses on the attempted murder against the vice president.
The prosecutor added something else from that report: "You can not relate or link the participation of those people (the young people arrested for the attack) in activities of the group."
This is an analysis carried out by the General Directorate of Investigations and Technological Support for Criminal Investigation (DATIP), for which the forensic extraction corresponding to the storage service "Google Drive" of Jonathan Morel, one of the leaders of the group "Federal Revolution", was certified.
There are four points that make up the conclusions of this analysis: One of the points of the analysis of that drive had to answer if beyond Sabrina Basile, Gastón Guerra and other people "have taken part in the Federal Revolution group, establishing from what date they did it and what events they actually attended, determining what their participation in those was."
The technicians indicated: "Although some of the images and videos highlighted show that people would or would not attend the marches organized by the members of the "Federal Revolution", it is impossible to determine exactly who actually attended and who did not attend certain demonstrations. It could be inferred that people were part of the different demonstrations, and in what way they did it."
It was requested to determine the participation of "third parties in activities related to the financing of the Federal Revolution group, through contributions, incentives or any type of benefit granted to carry out its training or to promote its action against certain officials, for which the chronology of events should be taken into consideration."
What was the answer to this? "Although it was not possible to determine the financing of the group by third parties, photographs and documentation were highlighted that account for bank transfers, receipts and invoices where the presence of the Espacio Añelo Trust is observed in transactions for high amounts of money." It is this point that Cristina Kirchner highlights to say that part of these funds were destined to the financing of the attack perpetrated against her.
However, when the report had to determine the link between the members of the Federal Revolution group and the defendants in the case that bears the cover of attempted murder, it was indicated that "no files were found that could be related to the links between the members of the Federal Revolution group and the persons accused in the case" in charge of Capuchetti.
Nor was it possible to determine that the three young men arrested for the attempted murder of the vice president participated in activities organized by the Federal Revolution.
The prosecutor's proposal
Without ignoring the "undoubted political commotion generated by the attempted assassination of a Vice President of the Nation, a fact of enormous institutional gravity," the prosecutor's office remarks, "of all the telephones seized and analyzed, no link emerged of those named with any group or person that at this point even allowed to suspect about the possibility that they had been given assistance for the event. "
In the punctuation of the analyzed evidence on the basis of which financing was ruled out as well as a political motive in the attempted homicide, the prosecutor added that "no relevant elements have been found in the telephone crossings, nor in the geolocation of the devices and, as we saw in detail, neither in their financial movements."
For this reason, it was clarified that the activity deployed by the Sabag Montiel, Uliarte and Carrizo, "to carry out the attack did not require, due to its characteristics, economic financing or extraordinary resources."