Without any Congress voting for it, a sharp new tool was incorporated this Friday to the resource box provided for in the Nation’s Criminal Procedure Code: in a kind of abbreviated judgment, without witnesses, evidence or defense, An Oral Court can stop a judicial process with five years of written history in three different instances, at the request of one of the accused. Dark stain that spreads over the tiger of justice, in which there seems to be no more room for new disappointments, each worse.
Let’s start at the beginning: justice must judge whether Cristina Kirchner is guilty or not of having covered up the attack on the AMIA Through the pact with Iran signed in 2013, with which the Iranians accused of the attack were allowed to give their version to a “commission” that would talk with them in Tehran.
Although this Friday the vice president harshly questioned the opening of the case initiated with the complaint of the ill-fated prosecutor Alberto Nisman, the facts say that there is a file in process, whose next step is the realization of the oral and public trial.
In that instance, transparent and impossible to manipulate, both she and the rest of the accused could unravel the arguments of her alleged innocence. And both the prosecutor and the plaintiffs, the evidence of their accusation, of course.
But none of this happened in the singular audience Friday. For more than an hour -exceeding the period of 45 minutes without anyone telling her anything- Cristina gave a political speech in which she tried to explain the terms of a gigantic conspiracy of the government of Mauricio Macri and several federal judges to persecute her.
It is your right to do so, and even some of his statements are certainly understandable. But in his flamboyant exposition he hardly referred – or only did so tangentially – to the legal reasons for which he demands that the file be forever drafted into a file. His lawyer, the prestigious doctor Carlos Beraldi, had not done it either in his brief introduction. So what was the virtual meeting for, broadcast urbi et orbi on television on the Internet?
It is a question that the doctors will have to answer José Michilini, Gabriela López Íñiguez and Daniel Obligado, members of the Federal Oral Court 8, whose authority and function in this case they were evidently damaged.
The appointment they agreed to grant ended up operating as a mock trial, of course without the guarantees and elements that the accused and accusers have in that instance. After the speeches of other defendants, the TOF will determine if the real trial – the one contemplated by the laws – is made or not.
Four months ago, in a similar antecedent, the Federal Criminal Cassation Chamber also accepted Cristina’s request to hear her at a hearing in which she demanded to stop the case for alleged fraud to the State through the sale of future dollars in 2015. In That time, the vice ended up achieving her goal.
But at least the Cassation is the court that reviews the performance of the Federal Chamber and the sentences of the oral courts, although somewhat forced, his intervention could find some anchor.
In the case of the pact with Iran, on the contrary, this Friday they listened to Cristina -outside the regulated circumstances of an oral trial, we reiterate- the same magistrates who should judge her. Now they will be the ones who will say if the judgment is made or not. If they choose to accept the vice president’s request, it would be an acquittal without trial, by the court in charge of … making the judgment. Another Argentine extravaganza.
Without legal excuses to explain such peculiarity, the political reasons that replace them. Cristina personally, her emissaries in the government and even President Alberto Fernández himself come trying to undo the constellation of judicial casess in which the vice is accused of very serious crimes.
No way yet to deactivate the files against her for corruption -washed in Los Sauces and Hotesur, illicit association and bribes in Cuadernos, for example- the helpful judicial operators of the ruling party and also within the courts try to calm that pressing demand from Cristina leading to nothing the cases that looked more debatable, although they had already reached the instance of oral trial and It only remained to set a start date for the hearings.
What was said: the underground prestige of the Judicial Power continues to descend more and more floors, forcing procedural instances -as happened this Friday- or enabling delays and deviations, as it always did.
But even under that rubble, there are things that still could not be done. The mountain of evidence, documents, voices of repentants and coinciding elements distributed in several files for corruption Still there. For now, asleep under the dust of time, the only possible recipe to delay them. For now.