The former president’s defense had asked that the judge be removed from the gender violence case, considering him “partial.”
Despite the request for recusal from the defense of Alberto Fernandezthe judge of Chamber I of the Federal Chamber, Eduardo Farah, rejected the request, considering that there were no elements that suggested that Julian Ercolinimagistrate in charge of the case against the former president for gender violence against Fabiola Yanezwas not partial.
Although he once again received a setback from Justice, Fernández’s representatives managed to have the summons for investigation, originally scheduled for December 11 and still without a rescheduling date, suspended. In this way, taking into account that the judicial activity It will end on the 31st of this month and then the fair will begin. The former president will testify before Ercolini only in February.
Mariana Barbitta, one of the lawyers of Fernandez, He had made the same request for recusal in the Seguros Case, also run by Ercolini. “The way of acting of Dr. Julian Ercolini It caused me concern as a defender, but above all generated concern in my client, Mr. Fernándezwho has already repeatedly expressed the fear of bias that the Magistrate generates in him,” the lawyer argued.
In that sense, he warned that there was “differential treatment” towards the former president and therefore claimed the annulment of the summons for investigation for alleged “lack of precision regarding the imputation that falls on Dr. Fernández”.
However, Farah responded in his resolution: “I consider that none of these reasons lead to the departure of the magistrate,” he said and added: “None of the arguments in the proposal give rise to a well-founded fear of bias,” he remarked. Finally, he stated: “There is nothing in the procedure that preceded that provisionno action that suggests loss of neutrality of the judge in the situation that was presented to him based on the content of evidence seized in another process.”
Judge Farah also rejected the transfer to Buenos Aires jurisdiction
Another of the defense’s requests had been that the cause for gender violence will pass to the Buenos Aires jurisdiction. In any case, Judge Farah also rejected this request and explained: “It is unfeasible to reject the intervention of the federal magistrate who warned about the issue and who is currently directing the investigation.”
He argued that part of the events took place when Fernández was president of the Nation, in a place where the federal government has exclusive jurisdiction. “Taking such parameters as a guide, the intervention of the federal judge should be maintained who warned, has been in charge of the case since its beginning and summoned the accused to testify in the investigation,” he concluded.
Source: Ambito
