The complaint filed by Vice President Cristina Fernández de Kirchner will claim before the Buenos Aires Federal Chamber that the investigations be extended to those accused of the attempted assassination based on the messages found on the cell phone of Gabriel Carrizo who, at the discretion of that party, should be accused of being a co-perpetrator of the act and no longer as a secondary participant, sources in the case reported this Tuesday.
The lawyers for the lawsuit José Manuel Ubeira and Marcos Aldazabal lThey arrived before the appeals court after Judge María Eugenia Capuchetti rejected the proposal that was formulated a week ago but granted them the appeal route so that they could discuss it in the higher instance, as happened with other proposals.
“Before the revelation of new communications extracted from Gabriel Carrizo’s cell phone, We request that his investigative statement be expanded and that, when processing him, he be accused of being a co-author and not a secondary participant”, claimed the plaintiff lawyers in reference to the snowflake maker owner who they supposedly worked for Fernando Sabag Montiel and Brenda Uliarteprocessed as co-authors.
“In turn, given the content of the same messages, added to extractions made from Sabag Montiel’s cell phone, We request that Brenda Uliarte, Fernando Sabag Montiel and Gabriel Carrizo be investigated by the factual platform collected so far which, in addition to revealing them as co-perpetrators of the crime of homicide, shows that they operated as an illegal association,” the lawyers indicated.
“My friend tried to kill Cristina”, “It’s a blow we gave the government” and “This is going to get worse”, are some of the messages that Carrizo sent on September 2 to a person he trusted.
The WhatsApp messages, extracted from the cell phone of the detainee and defendant Carrizo, motivated a presentation of the complaint last week in which it was indicated that the attack of which the ex-president was the victim “it was not intended exclusively to kill the vice president” but also to “destabilize the political and constitutional system in general.”
“My friend tried to kill Cristina”, “It’s a blow we gave the government” and “This is going to get worse”, are some of the messages that Carrizo sent on September 2 to a person he trusted, close to at 7:40 a.m., according to the filing of the complaint to which Télam agreed.
In the appeal to reach the Federal Chamber, the lawyers maintained that it is enough to expose the content of those messages to note that “the attack was carefully plannedthat the attacks would not be directed only against the Vice President and that the involvement of Gabriel Carrizo was that of someone who had internal competence in the decision of the fact, a requirement that all contemporary doctrine marks as the foundation of co-authorship”.
“At the time of processing, as we saw, the messages attributed to Carrizo were much fewer. It is true that some already gave the pattern of a possible co-authorship, but this lawsuit was always respectful of current law and does not seek to go beyond what emerges from the evidence. For this reason, we consent to both the decision of the judge and that of Your Excellency, who prosecuted him as a secondary accomplice. That said, the truth is that the new cluster of messages, added to those already accused, impose to prosecute Carrizo not as an accomplice but as a co-authorthey continued.
“For starters, the plural used when talking to ‘Kevin Bargas 2’ (“We just tried to kill Cristina” and “You don’t know what we did with this”) shows his role in planning and deciding to do so. The same thing happens with his reference to the fact that they tried to kill Cristina Fernández so that the government would know “with whom it is messing with,” the lawyers for the lawsuit said in the letter to which Télam agreed.
“Phrases like ´You have no idea of the group I formed´ or ´If things go well, I will finish the job´ show a joint preparation. In the same way, sayings such as ´It did not recharge it´, ´It is a boludo´ they prove your detailed knowledge of the plan and what happened. All of this, as we have seen, meets the requirements to prosecute Carrizo as a co-author,” they continued.
At the same time, they indicated that “the content of other messages makes it necessary to apply both to him and to Sabag Montiel, Uliarte and other people whose intervention arises from the investigation, the aggravating circumstance provided for in article 41 quinquies of the Penal Code”, referring to the figure that raises the criminal scale of crimes committed to terrorize the population.
It so happens that in the messages detected on Carrizo’s cell phone there was reference to the fact that the attack against the Vice President was aimed at “letting them know who they are messing with” and “forcing the president to resign”; at the same time that there was a reference to “if they lower Cristina, they lower the Cámpora, and with this we deal a terrible blow to the government“.
“With her boycott to expand the inquiries, the judge prohibits the possibility that the elevation to trial covers the facts that it has to cover and be qualified as it should be. It is that the messages are, obviously, facts. And, as such, they must be charged through an investigative statement. In this way, there is no other opportunity for this to open the way for the correct qualifications other than the extension of the inquiry during the investigation,” concluded the lawyers for the lawsuit.
