Federal judge Marcelo Martínez de Giorgi processed today, without preventive detention, Jonathan Morel, Leonardo Sosa, Gastón Guerra and Sabrina Basile, members of the Federal Revolution, whom he accused of carrying out a criminal plan that was intended to impose their ideas and combat those of others by force or fear.
“It was verified that, with such actions, they violated public order and caused a clear damage to the legal assets of social peace and public tranquility necessary for the functioning of a Rule of Law”, concluded the magistrate after listing throughout of 60 pages all the violent actions carried out by the accused.
The judge held that “both through social networks and in the streets, they carried out acts and issued expressions tending to encourage or incite persecution, collective violence and the propagation of hatred, thus becoming one of the actors who stirred up society a climate of social violence, whose most serious institutional act turned out to be the attempted assassination” of Vice President Cristina Fernández de Kirchner.
“It is considered materially proven that, through this organization, the defendants carried out a criminal plan, the purpose of which was to impose their ideas and combat those of others by force or fear”federal judge Marcelo Martínez de Giorgi
“It is considered materially proven that, through this organization, the accused carried out a criminal plan, whose purpose was to impose their ideas and fight those of others by force or fear“, Martínez de Giorgi said in the resolution to which Télam agreed.
To do this, he continued, “they used intimidating demonstrations over time on different social networks -Facebook, Twitter and Instagram- and mass media, distributing brochures and through self-convened protests, planning, coordinating and disseminating hate messages, intimidating acts and demonstrations. violence -mainly against current PEN authorities and their sympathizers-“.
“Thus, they generated the desired impact of inciting collective violence in an undetermined number of people who can freely access the aforementioned social networks,” said the magistrate in the framework of the case in which the prosecutor Gerardo Pollicita also intervenes.
The judge considered in his resolution the chronology of violent events reported by the prosecutor Pollicita in his opinion of October 18 in which it was indicated that the members of the Federal Revolution group took advantage of the population’s discomfort due to the current economic, financial and social to incite the citizenry
For the investigators, the purpose of the acts carried out by the Federal Revolution “was to permanently incite the resignation of the escrachados public figures -belonging to public authorities of the current government management-, through propaganda of violent content and the convened social activism.”
The judge highlighted in his ruling “the distribution of brochures and the use of certain badges or slogans such as ‘they are going to run’ or ‘All prisoners, dead or exiled’ -among others-, replicated en masse in different media and social networks , which they used as a dissemination tool, and where their messages, as was said, reached countless people”.
The threats of Federal Revolution
The judge considered in his resolution the chronology of violent events reported by the prosecutor Pollicita in his opinion of October 18 in which it was indicated that the members of the Federal Revolution group took advantage of the population’s discomfort due to the current economic, financial and social to incite the citizenry.
In this sense, he asserted that the escalation of violent acts “led to the establishment of a state of social alarm due to the attempt on the life of the Vice President of the Nation”, and remarked that “from that culminating point, suspiciously the group stopped publishing its activity, both on the streets and on social networks”.
“We are going to persecute them, they are going to be afraid to go out on the street. Theft and corruption in Argentina will no longer be free, by hook or by crook (…) Everyone will suffer the consequences of their actions” , was one of the messages broadcast from the social networks of the Federal Revolution, to which the judge referred in his ruling
According to the records gathered in the investigation, the activity of the Federal Revolution – first called “Federal Rebellion” on Facebook – began on May 11 of this year, with Morel and Sosa as instigators.
Martínez de Giorgi affirmed in his ruling that the members of the Federal Revolution “assiduously insisted on the massive propagation of violent and intimidating messages on social networks, which encouraged persecution, hatred and violence from a certain sector of society – specifically, of the public authorities belonging to the Frente de Todos political coalition and its sympathizers”.
“We are going to persecute them, they are going to be afraid to go out on the street. Theft and corruption in Argentina will no longer be free, by hook or by crook (…) Everyone will suffer the consequences of their actions” , was one of the messages broadcast from the social networks of the Federal Revolution, to which the judge referred in his ruling.
In this context, he recalled that since the Federal Revolution a demonstration was called for July 9 at the Obelisk under slogans such as “we take our torches to the streets again and march towards Casa Rosada to demand the resignation of Alberto and CFK” or “There are solution to this and is going to look for them. They don’t have to be able to walk in the street in peace”.
The judge highlighted in his ruling “the distribution of brochures and the use of certain badges or slogans such as ‘they are going to run’ or ‘All prisoners, dead or exiled’ -among others-, replicated en masse in different media and social networks , which they used as a dissemination tool, and where their messages, as was said, reached countless people”
The judge also noted that, a week before the attempted attack against the Vice President, the Federal Revolution Twitter account called for a public conversation through the Twitter Space tool under the title “You have to rot her,” in which Ideas similar to the one that the detainee Fernando Sabag Montiel, who wanted to assassinate the former president, would finally try to put into practice.
During that public conversation, which was between Morel and a person named Franco Castelli, one of them (Morel is presumed, by voice), said: “Today, for example, I saw how Cristina greeted La Cámpora and the militancy (at the door of Too bad they already know my face, because if you don’t know how I infiltrate there for a week and I hope it goes down… I swear to you… If the kids from La Cámpora didn’t know me, I’d go and sing to you there the Peronist march 7 days in a row and as soon as I can I go down in history. Then they lynch me. But I go down in history.”
“In said conversation held via Twitter, with access to countless users, they added: ‘We always talk to the police; the police agree with us; they are also quite permissive. The other day we flung torches on fire inside of the Casa Rosada and they threw water. In other words, they repressed, but they could have been detained. They didn’t do it,'” the magistrate recalled.
For the judge, a fact “very illustrative of the magnitude of the incitement to violence carried out by the group under study” were the expressions made in the Twitter live dated September 6 directed by Jonathan Morel -in which they were around 630 connected users- in which a user celebrated the attempted attack against the vice president
He also remarked that during those public talks through social networks, the members of the Federal Revolution made expressions of desire to attack the national deputy Máximo Kirchner and President Alberto Fernández.
For the judge, a fact “very illustrative of the magnitude of the incitement to violence carried out by the group under study” were the expressions made in the Twitter live dated September 6 directed by Jonathan Morel -in which they were around 630 connected users- in which a user celebrated the attempted attack against the vice president.
“This kid who allegedly attacked the Vice President, for me is a hope that the Argentine is doing something. I hope that this sets an example and more people do things (…) It seems totally legitimate to me. I’m surprised that he doesn’t It has happened before, that someone did not want to shoot Cristina. The reality is that it is surprising that we have reached 2022 and she is still alive, “said a user identified as “Juan”.
The magistrate prosecuted the four defendants for the crimes provided for in article 213 bis of the Penal Code, which provides for sentences of up to eight years in prison, and warned in his ruling that the conduct attributed to the defendants is outside the constitutional protection of the rights to protest and the free expression of ideas, since they exceed the exercise of freedom of expression and the constitutionally protected scope of reservation.
The magistrate prosecuted the four defendants for the crimes provided for in article 213 bis of the Penal Code, which provides for sentences of up to eight years in prison, and warned in his ruling that the conduct attributed to the defendants is outside the constitutional protection of the rights to protest and free expression of ideas
Article 213 bis of the Criminal Code establishes that “whoever organizes or takes part in permanent or transitory groups that, without being included in article 210 of this code, had as their main or accessories impose their ideas or fight those of others by force or fear, for the sole fact of being a member of the association”.
The magistrate ordered embargoes on their assets of the named to cover the amount of nine million pesos, according to the 60-page ruling to which Télam had access.
The defendants now processed without preventive detention had been arrested on October 20 but were released last Monday by order of the first room of the Federal Chamber of Buenos Aires, which understood that all were entitled and that there was no risk that they would escape or hinder the research.
