The national government, with the legal sponsorship of the Ministry of Economy and the Treasury Attorney, requested the exoneration of the minister of the Supreme Court of Justice of the Nation (CSJN), Horace Rosatti in the framework of the case that is settled in the highest court regarding the reallocation of funds for the improper transfer of the Police to the government of the City of Buenos Aires during the management of the former president Mauricio Macriofficial sources reported.
The presentation, in which the disqualification is also requested in case of not mediating the excuse, is based on an event recorded on August 15 in a Buenos Aires hotel, when, as part of a birthday celebration attended by high authorities of the Government of the City and the Judiciary, the Minister of Security of the City, Marcelo D’Alessandroand the general director of the Rosatti Vocalía, Silvio Robles, arrived together and shared that meeting.
Within the framework of the case in which Rosatti must intervene, the situation described, which reveals the affinity between the Buenos Aires Minister of Security and an official extremely close to the Minister of the Court“could affect due process, in particular the guarantee of an impartial judge,” according to the brief presented by the National State before the CSJN in the last few hours.
“It is requested that Dr. Horacio Rosatti, in accordance with the highest international standards in the interpretation of judicial impartiality, proceed to excuse yourself in this file as in all those in which his decision may be minimally suspected”, adds the request.
On the other hand, the lawyers sponsoring the State indicate that the situation makes it clear that Rosatti “is under grave suspicion”as well as “his impartiality as a magistrate in this case, which has an obvious and enormous institutional relevance.”
Subsidiarily, and in the hypothetical case that Rosatti does not excuse herself from the case being processed by the Court, the National State requested that the presentation “be considered as a formal proposal of recusal“against the magistrate, for being affected “the impartiality that should surround the magistrates as interpreters of the law”.
The complainants, the lawyers Serge Acevedo Y William Anderson by the Ministry of Economy, and Horace Peter Ten as deputy attorney for the Treasury of the Nation, they became aware of the event on the 19th of last month, through a journalistic publication in the newspaper Página 12.
“It is requested that Dr. Horacio Rosatti, in accordance with the highest international standards in the interpretation of judicial impartiality, proceed to excuse yourself in this file as in all those in which his decision can be minimally suspected”.
Among the foundations of the presentation to which Télam had access, they considered that the news “acquires relevance due to the role of the magistrate himself at the time of making decisions in this case that could be affected by the detailed situation.”
“As a consequence of this, it is that we see it necessary to issue ourselves stating that said circumstance, if real, could affect judicial impartiality as a basic guarantee of our republican systemundermining the institutions of the Nation and the trust of the defendants in the objectivity of the members of the High Court,” they said.
In this sense, Rosatti was asked to “please excuse himself to understand this case because such a position coincides with the highest standards expected, in any republican system, regarding the impartiality that must surround the magistrates as interpreters of the Iey”.
“The old aphorism should not be ignored, according to which ‘Justice must not only be carried out, but it must also appear to be carried out'”, they pointed out and stated that “thus, it has been pointed out that not only what is done is relevant, but what can be interpreted as what happened; no act should be carried out that could create the slightest suspicion that there was undue interference in the application of justice”.
And they point out that “it cannot be ignored that, ultimately, the Judges, and in particular, that High Court, are the ultimate guardians of the National Constitution and the guarantees of all citizens.”
“Thus, any situation that even remotely could call into question the impartiality of a magistrate, forces him to step aside in order to safeguard not only the guarantees of those interested in the lawsuit brought to light, but also to safeguard the highest institutional standards. for the Nation,” they said.
In another paragraph of the foundations, they pointed out about Rosatti that “His impartiality as a magistrate in this case is under serious suspicion, which has an obvious and enormous institutional relevance.”
“Therefore, the decision on a matter of such institutional gravity can only be adopted by magistrates with respect to whom the parties, and society as a whole, have absolute certainty about their impartiality,” they indicated.
Likewise, they stressed that “the invocation of such special circumstances deserves to be duly assessed, to prevent the guarantee of due process -in which the impartiality of the judge is a necessary condition- from being harmed by the maintenance of adverse conditions for the correct exercise of the right of defense and the good service of administration of justice”.
Rosatti had another interference in the Executive Branch last Tuesday, when closing the 2022 edition of “Dialogues for Argentina”, organized by the Buenos Aires City Bar Association at the Stock Exchange, he said that “you cannot build a serious economy without institutions”, he considered that the economic model must be “a humanized capitalism” and referred that “whoever wants another model for the Argentine Republic will have to make the revolution or will have to reform the Constitution”.
