The Federal Chamber Buenos Aires rejected, because it was poorly granted, an appeal from former president Alberto Fernández against the decision of confirm prosecutor Ramiro González leading the investigation into gender violence against the former first lady, Fabiola Yañez. The decision was signed by the judge of room II of the court of appeals, Eduardo Farah.
The definition of Justice on Alberto Fernández’s appeal
Alberto Fernández’s defense had appealed the decision to confirm prosecutor González to be in charge of the investigation in relation to the complaint made by Yañez for gender violence. However, This Friday the Federal Chamber confirmed the rejection at the request of the former president.
In detail, Farah understood that the appeal for protection was “wrongly granted“because “by rule, the judge’s resolution that rejects the prosecutor’s challenge is not actionable“. In that sense, the resolution adds: “Such an extreme prohibits access to the appeal instance, as long as no case of exception is proven that authorizes departure from that principle. “None of those last circumstances apply here.”
In addition, the Justice also explained that in the case “there was debate prior to the decision” and “the way in which it was chosen to materialize was not challenged at the time by the defensewhich also does not now explain how this caused irreparable harm in practice.
On the other hand, they also detailed that for the removal of a prosecutor to occur, “it is necessary to demonstrate that it lacks objectivity required by the regulations regulate their actions; “such duty is linked to the procedural role it has and is not comparable to the impartiality of the judge, who is the neutral third party that defines the conflicts between the counterparties.”
In this way, the Prosecutor González was confirmed in the case by federal judge Ercoliniwho rejected a proposal from the former president’s defense to remove him for alleged “loss of objectivity“Now, the magistrate will have to analyze the ruling in which Fernández is required to be summoned for an investigatory statement for gender violence against Fabiola Yañez.
The request for an investigation into Alberto Fernández
In this scenario, the prosecutor in the case requested the investigation of the former president for different crimes that have Yáñez as a victim. Fernández could be sentenced to up to 18 years in prison.
“Indeed, in a context of gender violence marked by particular asymmetrical power relationship with the aggressorat least from 2016 until the complaint was formalized, Alberto Fernández systematically exercised psychological violence against Fabiola Yáñez under the forms of harassment, harassment, controls, indifference, insults, blaming, destitution, withdrawal of speech, ignoring and hostility,” says the 160-page opinion to which Ámbito accessed.
The investigation is an act of defense and Alberto Fernández would have the opportunity to refute the prosecutor’s accusations. The judge also cited investigative statement to former president Alberto Fernández in the case that investigates irregularities in the insurance contracting for public organizations during the government of the Front of All.
In the case initiated by the former first lady, the former president is charged with two minor injuries doubly aggravated for being committed through gender violence and against his then partner. According to the opinion, he is charged with serious injury due to permanent weakening of health of the former first lady – also doubly aggravated – and the crime of coercion so that Yánez did not report the acts of violence to Justice.
It should be remembered that to present its first conclusions, the Prosecutor’s Office collected evidence from the telephone numbers of María Cantero and Fabiola Yáñez; He took statements from Yáñez, María Cantero, the former mayor of Quinta Olivos Daniel Rodríguez, Fabiola’s mother and sister, journalist Alicia Barrios, and presidential doctors Saavedra and Alem. Also giving testimonial statements were the beautician Florencia Aguirre, Sofia Pacchi, the nanny Noelia del Valle Gómez, the housekeeper Cinta Tonietti, among other people.
They also joined the causes the photos and videos provided by the complaint and the defense; records of the official activity of the president and the then first lady: events, conferences, official trips. A media survey was carried out from which many other images, videos and public statements useful for the investigation were extracted and extensive psychological and psychiatric reports resulting from interviews of professionals with Fabiola Yáñez were added.
According to the definitions of the Law 26,485 on Comprehensive Protection of Womenit could be detected psychological, physical and economic violence“, states the opinion, which adds that “during the couple’s coexistence in the Quinta de Olivos “There were reports of grabbing the neck, shaking, slaps and various blows that caused injuries to Fabiola Yáñez’s body.”
Source: Ambito
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