The lawyer Gabriela Prokopiw put a cloak of caution on her statements at the hearing in the Otoño Uriarte case and criticized what she understands as “leaks.” She was surprised by the fact that her accusations ended in a publication by RIO NEGRO as if it were unaware that in the criminal courts all claims are made in public hearings.
When the procedural reform was applied in 2017, the Judiciary definitively said goodbye to secrecy, at least in criminal courts. Publicity, orality and immediacy are part of the general rules and, particularly, Article 73 imposes the obligation to publicize all hearings. With the pandemic, the Superior Court of Justice, in a very correct decision, regulated the same process for virtual hearings.
Agreed 40 of the STJ establishes with respect to the media that “the videotaped record of the hearings, to which it is not possible to access, due to overlapping schedules, technical impossibility or live access material, is made available later, in the times and possibilities that the Judicial Office and the Judicial Communication Areas determine it”.
Whether face-to-face or virtual, the hearings are public and if the parties intend to make them private, they have the procedure provided by law.. Of course, another issue already noted, the request must be foundedcontested and the judges have the obligation to argue the departure from the rule. Fortunately, the times of discretion in the criminal jurisdiction are over.
However, the lawyer was surprised today in an interview with RIO NEGRO RADIO and denounced leaks. Was there a hack, forwarded WhatsApp audios? none of it explained.
He literally said: “Unfortunately, intimate issues of the audience came out in the media that should not have been leaked, the names of people who are not charged in the case are manifested that if I asked that their testimonies be taken to clarify certain movements of the day that Otoño disappearedor, as in the day after. I am sorry that situations from the audience have been leaked to the media, I would also be upset if they had put my first and last name on something that they have not notified me, ”she declared.
After learning about the presentation made by former police officer Daniel Molina, current candidate for mayor in Fernández Oro, Prokopiw put a blanket of caution over the accusations he made at Monday’s hearing. That day he charged against Molina and against former commissioner Ives Vallejos.
Molina went to court
Molina appointed the lawyer Guillermo Oviedo, made himself available to the investigation and requested the hearing to analyze a complaint against the new lawyer. In this context, the lawyer pondered in the interview the constitutional principle of innocence and it was much more cautious with the heavy accusations it charged against police officers.
It is unknown now if he will request the reservation of the case. The precedents do not favor her since Cipolletti’s judges, especially Laura Gonzalez Vitale in charge of this file, are staunch defenders of . The same happens with the judges of Viedma and Bariloche, not so much in Roca, with several antecedents of having a more closed position.
Listen to the plaintiff lawyer, Gabriela Prokopiw, in “Who said summer” by RÍO NEGRO RADIO:
Tune in RIO NEGRO RADIO. Listen to us on FM 90.9 from Neuquén, on FM 105.7 from Roca, on rionegro.com.ar/radio or on our App.
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