The Argentine Justice disseminated the grounds against Cristina Fernández in the Road Cause

First modification: 03/10/2023 – 00:10

This Thursday, March 9, the Federal Oral Court No. 2 (TOF) communicated in a remote manner the reasons for the judgment of December 6 against Cristina Fernández de Kirchner and the others involved in the Road Cause.

In a text of 1,616 pages, judges Jorge Gorini, Rodrigo Giménez Uriburu and Andrés Basso justified that the sentence of six years in prison and the disqualification from holding public office are based on a “lavish fraud of the State” in the tender for 51 public works in Santa Cruz in favor of the businessman Lázaro Báez and his different construction firms.

According to the magistrates, Fernández de Kirchner had a “fundamental intervention” due to his “preponderant role in decision-making” in these frauds that occurred during the government of Néstor Kirchner (2003-2007) and his cycle in command (2007-2015, in two presidential stages), an “extension in time” that was considered.

The Justice also pointed out that the current vice president used her power to “influence every corner of the state that interfered in the plan” and damage the public treasury for a value greater than 84,000 million Argentine pesosequivalent to 424 million dollars in current value.

01:48

“We are talking about one of the greatest damages to state assets judicially proven in the history of our country, a serious act of unprecedented corruption,” the court said.

The defense arguments of the vice president, which were based on the existence of a ‘lawfare’ -a judicial persecution- against her promoted by her political adversaries in collusion with the Judiciary and the media oligopoly, were dismissed and branded as an “alibi” and that “does not deny or explain” the facts that are attributed to him.

In addition, the accusation by prosecutors Diego Luciano and Sergio Mola that referred to the constitution of an illegal association, which entailed a request for 12 years in prison, also turned down the thumb.

The TOF denied it, saying that it “started from a wrong hypothesis” and that it does not apply, since the proven activity of at least three people is needed and “a plurality of indeterminate criminal plans and the number of members that would have integrated it” were not proven. ”.

From now on, the procedure was opened to present the corresponding appeal within ten days to the Court of Cassation, a legal step that can be delayed indefinitely, leaving the sentence on hold.

The Government criticizes the ruling and Kirchnerism insists on the thesis of “persecution”

The arguments presented by the Federal Oral Court were criticized by the Alberto Fernández administration. At a press conference, spokeswoman Gabriela Cerruti asserted that there is no “concrete evidence” that justifies the conviction of the vice president.

“This cause has neither head nor tail, the vice president has been brought to be involved in this cause in which she has no relationship,” he said.

In addition, despite the internal dispute between Alberto and Cristina Fernández, Cerruti remarked that “the president continues to believe in the innocence of the vice president” and that one “of the central issues is to defend her innocence.”

For his part, the Minister of Justice, Martín Soria, said that the foundations “are absolutely political” and that the objective is to marginalize it from the next elections.

“They tried to blame Cristina Fernández de Kirchner for different illegal acts in an absolute circus. I have never seen a ruling like this. It is something absolutely political. It is something outrageous,” he said.

Soria added that the judiciary “is not very serious”, that it “lost its way a long time ago” and that they choose “gorilla ephemeris (that is, anti-Peronists) to denounce and announce sentences”, alluding to the fact that today marks the 67th anniversary of the decree promulgated during the dictatorship of Pedro Aramburu that prohibited mentioning the names of Juan Domingo Perón, Eva Duarte and the symbols of Justicialism.

Is Cristina Fernández banned?

The narrative adopted by Kirchnerism that the judiciary has already marginalized the vice president from the next elections to be held in 2023 continues to haunt the Argentine political sphere.

However, the possibility that Cristina Fernández will not run for office at the moment is solely based on her own statements, released on December 7 after the six-year sentence and perpetual disqualification from holding public office.

In that extensive speech, the Santa Cruz woman announced that her name was not going to make up any list, neither for the Executive branch, nor in the Senate or Deputies.

But in legal terms, the chances of being a candidate are pristine. The ruling of the Justice is currently not firm, since this Thursday the appeals period opened, so there is no blockade towards it.

39:53

This Friday, politics is expected to react to the arguments spread by the TOF during an appearance at the National University of Río Negro, where it will make a presentation that will deal with economics.

Inclusive, the kirchnerism will hold a plenary session in the Buenos Aires city of Avellaneda, which will acclaim for his presentation in the presidential elections, a race in which -for now- speculation abounds and certainties are lacking: only the Head of Government of the City of Buenos Aires, Horacio Rodríguez Larreta, launched his candidacy for the macrista group ‘Together for Change’.

With EFE and local media