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October 23, 2022
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Defense of leaders investigated by Astesiano case says that "they were within their right not to declare"

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The lawyer Carlos Bustamante, defender of the police officers investigated by the Astesiano casesaid to The Observer that the prosecutor’s office summoned them as “defendants” and with defense counsel, for which they have the right to access the investigation folder as established in article 64 of the Code of Criminal Procedure. Given that this right was denied to them at the hearing, those questioned refused to testify.

This article establishes that every defendant “will have the right to be informed in a specific and clear manner” and “to know the content of the investigation, except in cases where any part of it has been declared reserved.”

Bustamante is a defender, along with Milton Pesce, of the deputy director of the Police, Héctor Ferreira, and of the other chief cited in the Astesiano case for which prosecutor Gabriela Fossati is investigating influence peddling.

Specifically, the prosecutor investigates if there is a crime in a series of favors that Astesiano asked both leaders.

The defender said that the Prosecutor’s Office asked them to deliver a removable disk to copy the file with the messages. Bustamante said that he delivered a 128 GB disk but could not copy all the information.

“They told us that the file was very heavy and they had to consult with IT,” he assured. They then handed over a 2 terabyte disk and on Friday sent an email asking when they will be able to get the information.

The lawyer said he did not know why his clients are investigated beyond what he learned from the press.

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