Judge Capuchetti rejected Cristina's challenge: defines the Chamber

Cristina challenged Capuchetti for his "dependence" of the Buenos Aires government

Judge Capuchetti, questioned for her actions. / Photo Victoria Egurza

Vice President Cristina Fernández de Kirchner presented the challenge against Judge María Eugenia Capuchetti, who is hearing the case for the attempted assassination against her, considering that the magistrate has a “dependency” with the Buenos Aires Ministry of Securityas reported on their social networks.

Fernández de Kirchner expressed, from his Twitter account, that he made the presentation “in times of violent right-wing”, in reference to the coup attempt registered last Sunday in Brazil.

“Last night, a challenge was filed against Judge Capuchetti for her dependence on the CABA Ministry of Security, the same one that surrounded my house with fences and did intelligence at my home before and after the attack,” the former president said on her social networks.

Among the foundations of the presentation, released this Monday, the vice president’s lawyers argued that “On Friday it was publicly known that Judge Capuchetti has a rented ‘job’ at the Higher Institute of Public Security (ISSP) of the Autonomous City of Buenos Aires”.

“Capuchetti, as reported by the ISSP on January 6, has been receiving a salary from the agency since 2014. This is also recorded in documents that came to light on Friday and the weekend,” the text indicated.

And he pointed out: “Since 2019, Capuchetti went from being a researcher to ‘Senior Researcher’ (Resolution No. 62/ISSP/19). Later, she maintained this position. This is how it appears, for example, from Resolution No. 2/ISSP/22 , of January 3, 2022, which appointed Capuchetti for one year as a ‘Senior Investigator’ of the organization.Just one week ago, on January 2, 2023, Resolution No. 6/ISSP/23 extended this term for one year more”.

In the presentation it was stated that “participating in the ISSP is equivalent to participating in a dependency of the Executive Power, and not in an academic dependencybeyond what is done in the body”.

The vice president’s lawyers pointed out that “research tasks and public policy planning for an executive body are clearly prohibited for judges. And, as we have seen, the ISSP Observatory does not have teaching activities among its functions, so , if Capuchetti does something in addition to receiving a salary, it is clear that it is something incompatible with his position”.

The legal representatives of the former president also observed that the “political authority” of that body is the Buenos Aires Minister of Security and Justice on leave, Marcelo D’Alessandrowhich “has a double impact: on the one hand, it is about a person who has made an illegal trip with media entrepreneurs and judges to Joe Lewis’s mansion in Lago Escondido, and from whom messages have been released in which Its role in manipulating legal cases against Fernández de Kirchner and the political space that it integrates is very clear”.

“On the other hand,” they added, “the CABA Ministry of Security is in charge of the City police, which should have been investigated in these proceedings (as was the Federal Police) but for which the judge did not provided a single measure.

The lawyers affirmed that “in a nutshell, Capuchetti charges money and advises an organization that depends on a security force that he explicitly failed to investigate” in the cause of the attack.

The lawyers expressed that “it is clear that what happened seriously affects the image that both the parties and society have of the judge (it was already very bad, now it is worse). In this way, what is conceptualized as a lack of objective impartiality”.

The presentation of the vice president takes place within the framework of the case labeled “Sabag Montiel, Fernando s / attempted homicide”, which has her as a complainant.

Fernández de Kirchner had already made a request for recusal against the magistrate on November 14 of last year, based on what he considered “irregularities and arbitrariness” committed by the judge “since the first day” of the investigation into the attack that occurred at his home in Recoleta on September 1, 2022.



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