The Argentine Association of Jurists (AAJ) repudiated “the judicial persecution for political purposes” towards Vice President Cristina Fernández de Kirchner, in the context of the trial that is being followed for the alleged direction of public works in Santa Cruz, and expressed their “deep concern “for” the violation of the guarantees in that process.
In a statement, the Association warned of the refusal of the Federal Oral Court Number (TOF) 2, in charge of that trial, to the request for an extension of the investigation by the vice president.
The AAJ is the national branch of the American Association of Jurists, a non-governmental organization with consultative status before the Economic and Social Council of the United Nations, and permanent representation before the United Nations (UN).
The jurists gathered in this entity also questioned the inclusion of the concept of illicit association in the case Y alerted by “the bonds of friendship between a judge and one of the parties” in the process.
In addition, the document considered that “violations of constitutional guarantees and rules of due process” are framed in “a new escalation of the so-called ‘lawfare’which we have been denouncing since 2018″.
“The judicial arbitrariness manifested in the procedures followed against the vice president (Cristina Fernández de Kircher), observes the same persecutory patterns as the political proscriptions of the other Latin American leaders,” it was denounced.
It was later added that “this judicial war is implemented in Chile, Peru, Paraguay, Ecuador, Bolivia and Brazil, and in Argentina, through the selective prosecution of progressive leaders and movements, combined with political destabilization”.
Lawfare and the chase
There, it was recalled use of “lawfare” against former presidents of Brazil Dilma Rousseff and Inácio “Lula” Da Silva in Brazil; Jorge Glas and Rafael Correa, in Ecuador; Evo Morales in Bolivia, and Fernando Lugo in Paraguay.
“When justice operators have material truth as their objective, they do not need to resort to violating the rules of due process, as has been verified in all the cited cases,” it was completed.
In this sense, the entity defined “lawfare” As the anomalous use of the judiciary for political purposes of persecution”and called “all sectors of our society to repudiate judicial persecution for political purposes”
In the text, there was also a “deep concern” as tol maintenance of the rule of law and the normal functioning of institutions”, in reference to the oral and public process in which Fernández de Kirchner is charged.
In this sense, it was highlighted “the refusal” by the Justice “regarding the request for an extension of the preliminary statement”formulated by the vice president after the allegation of the prosecutor Diego Luciani, who requested twelve years in prison for the former president.
In addition, it was recalled that article 380 of the Code of Criminal Procedure of the Nation (law 23984), states that “in the course of the debate, the accused may make all the statements he deems appropriate, as long as they refer to his defense”.
“That basic right can, therefore, be exercised until the end of the debate,” it was explained and it was recalled that in the Vialidad case the trial “is in full swing.”
Also I know warned about “the inclusion of the figure of illicit association” and it was considered that “the precept in question (and its aggravated form) do not withstand analysis in light of the delimiting principle of punitive power”.
