The actress Thelma Fardin will denounce to the UN the delays in the trial for sexual abuse against the actor Juan Darthes, which is being carried out by Brazilian justice, with the sponsorship of the Argentine Committee for the Rights of the Child (CASACIDN) signed by its president Estela de Carlotto.
As Fardin’s lawyer, Juan Pablo Gallego, informed Télam, the CASACIDN takes Fardin’s defense to the United Nations and the complaint “involves the responsibility of the Brazilian state.” and it proceeds “according to the III Protocol of the Convention that requires denouncing the violation of their rights before the UN.”
The complaint to the UN proceeds due to the omission to restore Fardin’s guarantees, and the Brazilian state was reliably notified of its responsibility on March 28.adds the lawyer.
According to Gallego, CASACIDN, in a presentation signed by its president Estela Carlotto and its executive director Nora Schulman, “expressed their concern for the victim and Argentine citizen Thelma Inés Fardin, who at the time of the events of the investigation, which occurred in Nicaragua in 2009, turned out to be a minor and reached by the emerging regulations of the International Convention on the Rights of the Child (CIDN), which binds the Federative Republic of Brazil internationally.
In the presentation to the UN, based in Geneva, Switzerland, the “delays” in the trial being carried out against Darthes in Brazil “and the effects that they cause in the victim, seriously conspire with the psychophysical recovery and the dignity of Thelma Inés Fardin, that both National States (the Argentine Republic and the Federative Republic of Brazil) have committed themselves internationally to protect and promote, in accordance with the provision of art. 39 of the Convention”.
Likewise, it exposes “the need to reorient the process by providing, as urgently as possible, the necessary measures for a correct application of the Convention, allowing the victim to exercise her rights in the present process, protecting her against all forms of abuse” and “ordering the essential measures to guarantee his psychophysical integrity” taking into account “his interest, his right to a prompt decision, preventing his revictimization and ensuring the effectiveness of the principles enshrined in the Convention.”
Fardin denounced on May 13 new “delays” in the hearings of the trial for abuse that he is carrying out against Darthes in the Federal Courts of Brazil that “jeopardize the statute of limitations of the crime” and highlighted: “They ask us to go to justice and justice is this aberrant crap and not at all reparatory”.
The federal judge of San Pablo Ali Mazloum, who is conducting the trial, “accepted the request of Darthes’ defense to continue delaying the remaining hearings to finish the trial,” Fardín said. promptly on your Instagram account.
“This is because they obviously don’t want to go to the end,” the actress said.
At the end of last March, the Brazilian Justice ordered the trial against Darthés to continue by revoking the ruling that had returned the allegation of sexual abuse against the actor to zero.
This decision had come after the oral debate carried out by Judge Ali Mazloum was interrupted last February, when it was already in its final stage.
Process History
The process began when Fardin filed a complaint for aggravated sexual abuse against Darthés in December 2018 in Nicaragua, committed in 2009 during a tour of the Argentine novel Patito Feo, when both were part of the cast and she was 16 years old.
In mid-2019, Nicaragua required the opening of criminal proceedings against the actor for considering him the direct perpetrator of the crime of aggravated rape.
However, it was not until October of that same year that, after evaluating the accusation and the evidence offered, it was decided to arrest and capture Darthes, who was a fugitive in Brazil.
The formal complaint against Darthes, “with the aim that he be prosecuted in Brazil for the acts perpetrated in Managua on May 17, 2009 to the detriment of Thelma Fardin”, was filed by the Brazilian Public Prosecutor’s Office in April of last year and the oral trial began in November.
The judicial process, in which three countries participated -Argentina, Brazil and Nicaragua-, had 11 witnesses, who testified remotely before Judge Mazloum.
According to Gallego, Darthes could receive a sentence of up to ten years in prison for the crime of aggravated rape.
Meanwhile, Gallego added, from the Accusation “an appeal for reconsideration or correction will be filed to obtain the resumption of the trial, and the legal representation of Thelma Fardin (who works in Brazil as a lawyer Carla Junqueira) will present in the next few hours an Amicus Curiae of the Center for Reproductive Rights in which it is demanded that all types of discrimination against the victim be eliminated due to her status as a woman.
