The Minister of Women, Gender and Diversity, Elizabeth Gómez Alcorta, criticized the ruling of the Federal Oral Court of Jujuy (TOF) of 3 and a half years in prison against the social leader Milagro Sala for damages and threats, in the framework of the cause for an escrache to the current governor Gerardo Morales, in 2009. “It was convicted on facts that are prescribed“, qualified the official.
Through a release on his social networks, Gómez Alcorta wrote: “Yesterday the Federal Oral Court of Jujuy issued a new sentence to Milagro Sala because a group of people he threw balls at Morales in 2009. It was condemned over facts that are prescribed according to all the jurisprudence of the Supreme Court and all the national doctrine “.
Then, he added that “unfortunately” it does not surprise her or “allow her to hope for something else” because it is the same court that in 2016 denounced her for usurpation of titles when she assumed the defense of the Chamber to defend her in the trial for this cause, explained.
“Milagro Sala is a political prisoner of the government of Jujuy. The interference of political power in judicial cases does a lot of damage and we will always say it, out of conviction and in defense of democracy. Never for advantage of occasion “, concluded the minister.
After the leader of the Tupac Amaru was sentenced in that case to 3 years of suspended prison in 2016, the file went to the Cassation Chamber, which confirmed that penalty for the crime of damages, but considered that the prescription of the The accusation for threats was badly handed down and he ordered the TOF to resolve a new sentence.
In this framework, and after the complaint of the defense of the Chamber before the Council of the Magistracy to the judges of the Jujuy TOF Mario Héctor Juárez Almaraz (president), Alejandra Cataldi and Liliana Snopek “due to poor performance”, the magistrates aggravated the the conviction.
“The sentence is totally arbitrary and illegal because it is a cause that is prescribed and it is an obligation of the Court to dictate its prescription, “he told Telam Marcos Aldazábal, one of the lawyers of the Jujuy social benchmark.
Elizabeth Gómez Alcorta, was a lawyer for Milagro Sala. (Archive / Leo Puoci)
For the defense, the Jujuy TOF “issued a sentence when they could not do so.” The lawyer explained that “there is still an incidence of the case in the Chamber of Cassation” about the fact that happened 12 and a half years ago on the outskirts of a university building in the provincial capital.
Aldazábal stated that Room “was not” at the sceneAnd in the debate, “there was only one witness who lied, who said that he did not work for the State and later it was shown that he received a salary from the Jujuy Government.”
He reiterated that the crimes of damages and threats that were imputed to the Chamber are prescribed and that “this is not a matter of interpretation, but that when a certain time passes, the causes prescribe and this is so, however the judges went ahead without respecting the guarantees of Milagro Sala “.
The lawyer recalled that days ago the TOF called a hearing 48 hours in advance, “so they did not care that the lawyers are not in Jujuy, and at the videoconference hearing they did not give us the floor even once.”
Aldazábal anticipated that they will resort to Cassation again, in relation to the request for prescription of the case, rejected by the TOF, while the new sentence will also be appealed.
Milagro Sala received a sentence of 3 and a half years in prison. Photo: Télam
The lawyer ruled out any possibility that Sala “be transferred to a common prison”, explaining “that the sentence is not final” and that “the measure issued by the Court of Human Rights that prohibits that possibility remains in force.”
Spokespersons of the Sala circle consider that every time the elections are approaching -in this case the provincial legislatures of next June 27-, “the repressive apparatus to show this image of the woman persecuted for undetermined actions “.
“Causes are started or revived that later fall apart because there is no responsibility to sustain the accusations,” they emphasized.
With information from Télam.