Judge Robert Gallardowith jurisdiction in the capital area, ordered this Monday the head of the Buenos Aires Government, Horacio Rodriguez Larretathat “immediately cease the execution of any police operation directly or indirectly linked to the custody” of the residence of the vice president Cristina Fernandez de Kirchnersince that corresponds to federal security, informed judicial sources.
The head of the Court of First Instance in Contentious, Administrative and Tax Matters (CAYT) No. 2 of the City of Buenos Aires ordered the precautionary measure within the framework of the processing of a series of amparo appeals presented during the weekend by leaders linked to front of allin a ruling to which Télam had access.
Gallardo decided to “order the head of the Government of the Autonomous City of Buenos Aires, Lic. Horacio Rodríguez Larreta, through the Ministry of Security of the City, Immediately cease the execution of any police operation directly or indirectly linked to the custody of the person, family and/or domicile of the Vice President of the Nation.”
Judge Gallardo’s decision was made known after Last Saturday the Buenos Aires police will fence the surroundings of the building in which the Vice President resideson the corner of Juncal and Uruguay, which irritated the protesters who have been gathering at the place for days in defense of the official, accused in the so-called Vialidad case and with a request for a sentence of 12 years in prison.
The Buenos Aires police threw tear gas grenades and drenched the protesters with jets of water fired from their hydrant trucks, which led to multiple denunciations by the Frente de Todos for the violence of the repression.
In the skirmishes, leaders of the ruling alliance were arrested and even deputy Máximo Kirchner, head of the PJ Bonarense, was beaten by the police.
In the second point of the resolution issued this afternoon, the judge confirmed that “the custody of the person and address of the Vice President, located in this city, are in charge of the federal security authorities, who must exercise for these purposes the unity of command and operational coordination with local forces”.
In this sense, the ruling of 24 pages states: “It would not occur to anyone that the President would get off a plane in a province and from that moment on be in the custody of the provincial forces” and he recalls that the City of Buenos Aires is “since the constitutional reform of 1994 one more province”.
“The security of first-level federal officials and of all those whose security is determined by laws or specific resolutions as being in charge of the federal forces, can only be exercised by them,” he adds.
A subsequent paragraph established that “the federal force in charge of Presidential custody will be empowered to determine, based on specific eventualities, the territorial radius of coverage and the modalities assumed by prevention and/or containment operations, as the case may be.”
Finally, it establishes “to communicate to the Minister of Justice and Security of the City, Mr. Marcelo D’Alessandro, that the City Police must continue normally with its tasks of prevention and prosecution of crime in the vicinity of the domicile in the file, in the framework of its legal powers and without interfering in the tasks that the vice-presidential federal custody will carry out in the future”.
Moments after learning of Gallardo’s decision, the National Security Minister, Aníbal Fernández, wrote on his Twitter account: “We have made the decision to extend the custody of the fellow Vice President of the Nation, to the custody of her home, regardless of the personal custody of the PFA who always assisted her“.
We have made the decision to extend the custody of the Vice President of the Nation, to the custody of her home, regardless of the personal custody of the PFA who always assisted her.
– Aníbal Fernández (@FernandezAnibal) August 29, 2022
Meanwhile, the city minister D’Alessandro assured that from the Buenos Aires government they are going to “appeal Judge Gallardo’s absurd ruling and he is going to recuse him.”
We reject this absurd ruling after a day in which the only 20 injured were put by the City Police. For this reason, and although Kirchnerism does not want to, we are going to continue taking care of all Buenos Aires residents, and everyone who works or passes through here.
— Marcelo D’Alessandro (@MarceDaless) August 30, 2022
The social leader and referent of the Movement of Excluded Workers, Juan Grabois, presented an amparo action on Saturday, August 27, in order “to lift the fences placed on Juncal Street on its route between Paraná, Uruguay and Talcahuano; in order to guarantee the free movement of people, the rights to freedom of expression in its facet of the right to demonstrate on public roads, all of this in order to guarantee social peace in our city”.
also requested the issuance of an urgent precautionary measure consisting in the fact that, until a final judgment is issued in this amparo proceeding, “all measures that alter, restrict or violate the right of assembly, the right to protest and the freedom of expression”.
Meanwhile, the Buenos Aires legislator Ofelia Fernández made a presentation stating that during the demonstration on Saturday “None of the situations were verified that, in accordance with the aforementioned Law 25,520, would have allowed criminal intelligence actions to be carried out.”
Judge Gallardo’s resolution also cites the amparos filed by legislator Claudia Neira and Paula Penacca.
