The move of the Federal Cassation to take the megacause of macrista espionage of Lomas de Zamora to the courts of Comodoro Py, where the collusion between judges, spies and media was always part of the landscape, was the last straw. President Alberto Fernandez lashed out at “the judges who come to the aid of their political or corporate constituents”, shortly after the decision of the highest criminal court in the country was cause for celebrations and relief for former officials of Mauricio Macri, who shouted for the pass. The Minister of Justice, Marcela losardo, directed his criticism to the judges of Cassation – some of them denounced last week for their meetings with the former president – and Carlos Stornelli, the prosecutor processed in the case of espionage of Dolores who now by the raffle of the Retiro courts would be in charge of investigating precisely those who, in another jurisdiction, maintain that they would be their terminals.
“It is difficult to build a better democracy and a more solid Republic with judges who come to the aid of their political or corporate constituents,” the President tweeted. “It is imperative to address changes that restore to Justice the prestige that a few judges and prosecutors have made it lose,” he completed and retweeted a long thread that Losardo had made with a diagnosis of the malfunction of the Judiciary.
The reaction of the President and the Minister occurred a day after the chambermaids Mariano Borinsky and Javier Carbajo decided to remove the investigation involving the leadership of the police from Judge Juan Pablo Augé Federal Intelligence Agency (AFI) and officials from Macri’s kidney as his private secretary, Darío Nieto. The first official response was that of the vice president Cristina Fernández de Kirchner, who as a victim of espionage and plaintiff in the case, demanded that Judge Augé not send the file to Py because she was going to appeal to the Supreme Court, saying that it was a matter of unparalleled institutional gravity.
Losardo brought up a survey that shows that 87.9 percent of Argentines are critical or disbelieving of the Judiciary, which is, clearly, a political problem in the region, as it also showed in Brazil and Ecuador. Beyond Comodoro Py, a frequent source of complaints about the politicization of its most select members, last week justice was in the eye of the storm for its actions prior to the femicide of Úrsula Bahillo.
However, the most caustic criticisms of the justice minister, who habitually cultivates a low profile, were focused on the Retirement courts. “Today we know that there were judges who agreed and announced their rulings with the then President, who played tennis with him while they persecuted their opponents with legal tricks and who have always refused to make their assets public,” Losardo wrote. Along the same lines, the deputy Martin Soria denounced the president of the Federal Cassation, Gustavo Hornos, for six visits to the Casa Rosada that coincided with adverse rulings for Kirchnerism. Borinsky was the subject of public criticism, although he was not included in the complaint before the prosecutor’s office that investigates the so-called macrista judicial table. “It is more than evident that those who governed the country immediately before us consolidated a justice that protects them and avoids the duty of being accountable for their public misconduct,” he added.
There was an obligatory recipient of the minister’s discomfort, validated by the President: the prosecutor Stornelli, prosecuted by the judge Alejo Ramos Padilla for his adventures together with Marcelo Sebastian D’Alessio. “Seeing that a prosecuted prosecutor, who participated in crimes attributed to an irregular intelligence agent and who is suspected of pressuring for political persecution, is today in charge of investigating the spying of the government he served, causes deep indignation”, Losardo said.
The tweets of Fernández and the minister will be the obligatory topic of conversation of the carnival holiday among the members of the Comodoro Py courts, designated as the cradle of lawfare by the ruling party. Until now, the government managed to cut off one of the legs of the tripod of historical power in the Retiro courts, which is the intervention of spies in justice. However, it has not managed to advance with the judicial reform project, which it awaits in the Chamber of Deputies due to the lack of support from the opposition. The same happens with the reform of the Public Ministry, which relaxes the majority necessary to appoint the attorney – a position that he occupies temporarily Eduardo Casal, which has the opposition support and was a supporter of Stornelli during the last time – and that would allow to advance with the appointment of the president’s candidate, the judge Daniel Rafecas.
Time for reforms
There is consensus around the malfunction of justice. The jurists say it, the opposition says it, but the consensus does not translate into votes. “To those of us who have criticized it for a long time, the federal criminal justice agrees every day,” says Alberto Binder, president of the Institute for Comparative Studies in Criminal and Social Sciences (INECIP). “The change in justice and in the Public Ministry must be taken seriously. We have been paralyzed for years. Why not change everything at once? ”Binder claims.
“We know that the Judiciary does not function optimally. The president has a very important tool, which is work that the advisory council did, and that could be translated into different laws on the Court, the Public Ministry, the Council of the Magistracy, the technological innovation of the Judiciary and the trial by jury ”, Maintains the constitutionalist Andrés Gil Domínguez, who was a member of this group of experts.
“The diagnosis made by Minister Losardo and shared by the president is correct,” adds attorney Graciana Peñafort. “It is important that some issues are operationalized that bring a better operation to give greater transparency,” he explains. “It should also encourage the investigation of all those responsible – both judicial and political officials – of the maneuvers aimed at persecuting political opponents and promote the review of all procedures ranging from illegal wiretapping to the payment of witnesses” he insists.
The full text of Minister Losardo
“The sense of Justice is in doubt among us. The polls show that the vast majority of Argentines are critical and skeptical of the conduct of the Judiciary and its members.
Today we know that there were judges who agreed and announced their rulings with the then president, who played tennis with him while persecuting their opponents with legal tricks and who have always refused to make their assets public.
Such a context, which is deepened by arbitrary detentions and trials that continue over time without obtaining reasoned legal sentences, cause the Republic to inexorably degrade.
President Alberto Fernández promised to put an end to the basements of democracy. Thus, the intelligence services no longer operate in the courts, he proposed to the National Congress a reformulation of the Federal Justice and analyzes the reform proposals of a committee of jurists.
It is more than evident that those who governed the country immediately before us, consolidated a justice that protects them and avoids the duty of rendering accounts for their public misconduct. The “Mesa Judicial” existed and gave the results that its members were looking for.
All this occurs with the consent of a set of means that cover up those misconduct and that justify that the judgment of the same is in the hands of the prosecutors and judges who have been associated with the purposes of that government.
The arrogance with which these judges and prosecutors move is only explained by the political protection of the opposition and the media discourse that goes to their aid to cover them up. It is unusual that, faced with so much evidence, they do not even have the good sense to apologize.
Seeing that a prosecuted prosecutor, who participated in crimes attributed to an irregular intelligence agent and who is suspected of pressuring for political persecution, is today in charge of investigating the espionage of the government he served, causes deep indignation
Argentina needs judges to return to the place that the Republic demands of them. Decent and capable judges, who stop serving the current political power, who do not give in to corporate pressure and simply dedicate themselves to delivering justice.
If Argentine society does not assume the seriousness that the judicial system, after the false invocation of its independence, continues with such harmful practices, it will only end up facing a new and tremendous frustration
It is time to put ethics and rectitude where obviously those values have been neglected. It is time to tackle the transformations necessary to guarantee a good administration of justice.
If we don’t, the headlines of the newspapers will continue to tell us how the unpunished opponents and their scribes make fun of us.