2023-12-16 22:04:16
Judge Claudio Fabián Mazuqui brought Eduardo Javier Andrada, former head of the extingo, to trial Emergency Operations Center (COE) and social worker Analía Morales for alleged abuse of authority and failure to fulfill the duties of a public official, preventing Solange Musse’s father from entering Córdoba to say goodbye for the last time to his terminally cancer-stricken daughter, while also asking to investigate former President Alberto Fernández and other former officials.
In the last section of his argument, before entering the “resolved,” Mazuqui dedicated some sensitive words to Pablo, Solange’s father, and the rest of his family.
“To conclude, as I have already expressed in other previous resolutions related to these actions, I understand that with a resolution in accordance with the law, it will be the beginning of giving the Musse family the peace of mind that not only legally, but humanly, the judicial power is up to the task of resolving the different requests,” Mazuqui begins by saying.
“To the Musse family, in the face of so much pain over the death of Solange, we can say that we accompany her like so many others that this Covid-19 has taken, so providing justice in this case may help mitigate the pain that the family Musse carries with him. They say that we judges speak through our sentences, we must also do it in our lives, putting the best of ourselves into every minute, and it is impossible to separate the legal from the human, because ultimately what precedes us is the second to us. First, it is ultimately about humanizing Justice,” says the judge.
And immediately afterwards, he suggests: “the court that is competent should intervene, investigate and decide if there has been the commission of any crime and criminal responsibility that compromises the highest head of the National Executive Branch, on the date of the events 08/16/ 2020, or one or more public officials and in this way be able to comply with and enforce that heartfelt phrase by Solange Musse: ‘Until the last breath I have my rights.'”
The Solange Musse case
The family of the 35-year-old woman – who died in 2021 without being able to see her father for the last time – seeks to determine the possible “chain of responsibilities”starting from “the first” after the complaint that was in charge of the provincial Justice, after the ruling of the Supreme Court.
Before the new ruling of the highest court, the federal prosecutor of Río Cuarto, Alicia Cena, had charged the first sergeant of the Caminera Police Darío Masilla, the doctors Andrada and Sergio Alí, and Morales.
The four were accused of having failed to comply with the duties of a public official by preventing, on August 16, 2020, Pablo Musse and his sister-in-law, Paola Lorena Oviedo (disabled), from entering the province, who could not pass the interprovincial checkpoint. located on route 35, in Huinca Renancó.
Musse had decided to travel to see her for the last time, due to stage four terminal breast cancer (metastasis in bones, liver and lungs), so he arrived in Huinca Renancó after 40 hours of non-stop driving through Neuquén, Río Negro and La Pampas.
He presented the documentation required to travel: the national special circulation request along with that of his sister-in-law, which authorized them to travel from Pottier, in Neuquén, to the city of Córdoba, and also the certificate of return home. Among the requirements requested by the COE was the completion of a negative swab 48 hours before admission.
Due to the two doubtful tests (and not positive, as appears in the guard record and as the Province alleged at the time) for Covid-19, the officials would have abused their authority by making them return, escorted by the Police.
At that point they would have failed to comply with what the entry protocols to the province mention in the context of the pandemic when a suspected case of Covid-19 is detected. In that circumstance, as the protocol indicates, the driver had to be analyzed at a hospital.
Given the impossibility of being able to say goodbye to his daughter, as the lawyer Carlos Nayi (representing the parents) argued in his complaint, Protocol 48 (on the movement of people in Córdoba territory) would have been violated, because the text mentions that the Those who do not reside in Córdoba may enter and transit within the province in cases of “force majeure”, such as the death of a direct family member or assistance to relatives and elderly adults.
Upon returning to Neuquén, Musse took a swab test, which was negative, and with the authorization of the then federal judge No. 1 of Córdoba Ricardo Bustos Fierro he was able to reach Alta Gracia to say goodbye to his daughter’s remains.
The case then went to the provincial Justice, and the prosecutor of Huinca RenancóMarcelo Saragusti, charged Andrada and Morales for alleged abuse of authority and failure to fulfill the duties of a public official; to doctor Sergio José Ali, as an alleged necessary participant in abuse of authority and breach of duties; and to non-commissioned officer Darío Javier Mansilla as the alleged author of omission of the duties of the office.
Dismissals in the Solange Musse case
Judge Mazuqui, however, acquitted Alí, accused of being a probable necessary participant in the abuse of authority and failure to fulfill the duties of an official, and Mansilla, accused of allegedly omitting the duties of the office.
Regarding Alí, the magistrate indicated that “there is no sufficient evidence, other than conjectures from what was formally reported, to demonstrate to the degree required for this stage of the process, that Alí has displayed any conduct to be considered a probable participant. “necessary abuse of authority and breach of official duties.”
“Although they were the ones the police and health personnel available at the control could consult interchangeably (Ali or Andrada), it is reiterated, there is no evidentiary element in the records that shows that any of those involved or implicated (witnesses, accused , victims or complainants) have reported that in ‘the case of Musse and Oviedo’ they consulted Alí directly, or failing that, some derivation of it,” said Mazuqui.
For his part, regarding the policeman Mansilla, the magistrate pointed out that the accusation for omission of duties could not be sustained “since it emerges from the referenced evidence that the function of the police was exclusively security and traffic, and that the entire development in sanitary matters at the checkpoints, as was the case at the post in Huinca Renancó, according mainly to the testimonies described, was in charge of the COE.”
In agreement with the defense of the cash, the judge said that it is absolutely clear that, as the defender maintained, “the prosecutor does not blame Mansilla for not having informed and taken the identification of Musse and Oviedo, simply because the other police officer did so. , partner and who was in the previous shift. However, he holds him responsible for having omitted to report on the presence and situation of Oviedo, which is not correct.”
Andrada and Morales go to trial
Instead, he sent Andrada and Morales to trial. “The queries or the necessary information,” said the judge regarding how to proceed with the people traveling on the route, “did not reach the higher organizations.”
“On the contrary – the magistrate warned – some of the accused were limited -Andrada, Morales and the police guard personnel at the time of arrival of Musse and Oviedo-, who in turn, Not only did they not raise the relevant queries, but they also did not have sufficient information, due to an omission by whoever was supposed to control and compare the very important – at that time – documents, permits and certificates.”.
“Therefore The process that the decisions of the health post were made by the COE was proven to the degree required for this part.; “that the function of the Caminera-police guard at the time of arrival of Musse and Oviedo was to control traffic, receive permits and consult said body and then transmit the decision,” she indicated.
He asked to investigate Alberto Fernández and officials
In the final part of his resolution, the judge stated: “To conclude, as I have already expressed in other previous resolutions related to these actions, I understand that ‘with a resolution in accordance with the law, it will be the beginning of giving the Musse family, the tranquility that from not only the legal aspect, but also the human aspect, the judicial power is up to the task of resolving the different requests.’”
“’To the Musse family, in the face of so much pain over Solange’s death, we can say that we accompany her like so many others that this Covid-19 has taken. Therefore, providing justice in this case may help mitigate the pain that the Musse family carries with them,’” she added.
“‘They say that we judges speak through our sentences, we must also do it in our lives, putting the best of ourselves into every minute, and it is impossible to separate the legal from the human, because ultimately what precedes us is the second First of all, it is ultimately about humanizing Justice,’” he considered.
And he asked to investigate the role of the then Alberto Fernández: “That is why the competent court should intervene, know how to investigate and decide if there has been the commission of any crime and criminal responsibility that compromises the highest head of the National Executive Branch, the date of the events -08/16/2020- or one or more public officials and in this way be able to comply and enforce that heartfelt phrase by Solange Musse: ‘Until the last breath I have my rights.'”
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