The lawyer of one of the complaints of the trial for the Pact with Iran, Tomás Farini Duggan, denounced this Saturday that the defense of Vice President Cristina Kirchner “Know in advance” the decisions of the Federal Oral Court 8 (TOF 8), among other alleged measures of favoritism.
Farini Duggan, representative of the families of victims of the AMIA attack, Luis Czyzewski and Mario Averbuch, said that “Gregorio Dalbón, the Vice President’s lawyer, told C5N on Thursday three hours before that the judges decide not to modify the date of the hearing that the hearing was held and it was not going to be modified ”.
In addition, he stated that according to Dalbón, the prosecutor Marcelo Colombo, when the hearings are over, “he will not accuse and that therefore there was not going to be an oral trial and that this was a political act ”, as happened with the Qunita Plan.
“If he knows this is going to be like this, there is nothing more to say. Not only did they anticipate it, It is a decision that was already made and this decision is transmitted by the attorney for the current Vice President and made public, ”he explained to the program Dato sobre Dato on radio Milenium.
TOF 8 is made up of judges Gabriela López Iñiguez and judges Daniel Obligado and José Michilini.
The lawyer stated that “yesterday equality before the law died in a public way because this inventing a hearing that is not in the Code so that the high officials of the Government of the day do a mock oral trial. What happened yesterday was a mock oral trial. The defendants spoke without witnesses to contradict them or with the risk of being convicted. “
“I am outraged with the court, not with the accused or with the Vice President, who took advantage of this public hearing. It managed to generate a judicial instance that does not exist in the criminal procedure code and he used it to make a political speech, “he explained.
Furthermore, “evidently set the date. I wanted it to be done precisely on the day the act for the AMIA attack was held. What I cannot believe is how the Oral Court lent itself to this, “he added.
He highlighted that “they invented an audience that is not in the Code to deal with an annulment that is not legally feasible or competence of the Court to treat. First, a nullity was presented on legal acts of a superior (the federal criminal cassation chamber ”.
“It is an impossible thing, it cannot be done because injures to the entire preset system. In any case, what they had to do is present the nullity of the oral trial before the Court or the Cassation “, he said.
The fear of the partiality of Cristina and the other defendants is not against the TOF 8, but against the judges of Cassation Mariano Borinsky and Gustavo Hornos because they officially visited former president Mauricio Macri.
In any case, it is the first instance investigating court that has to say first if there was a possible crime with those visits, he explained.
“So, yes, you can declare nullities, but that has to be declared by the court that is investigating the chambermaids. but never an oral court which is intended to judge a fact that has nothing to do with it. “
On the other hand, “we presented a challenge precisely for fear of partiality of TOF 8” and “they reject it saying that this fear is not a cause for recusal, they do not suspend the process, and accelerate it.”
The three judges of the TOF 8 “they are challenged by us And yet they continue to produce legal acts. It is not that it cannot be done, but it can be done mainly when it exists some urgency. Prudence would generate that the logical thing is that they do not continue to act until the challenge is resolved. ” The complaint 3 years and 6 months ago waiting for the oral court to start the oral trial.
On the other hand, the DAIA complaint requested an extension because the act was held on Friday in tribute to the 85 victims of the 1994 AMIA attack. “But the Court did not modify it. At first I thought it was a bug, but the date was not changed. It only changed an hour. They did not want to change the day to favor“the plans and times of Cristina Kirchner.
Farini Duggan assured that “there is a problem with the entire AMIA plot. All the causes are crossed by two points in common: they could not be solved and politics stuck the tail. And when politics put the tail in, things are not resolved ”.
“It is a kind of syndrome that has no solution. I believe that this is what has generated a kind of call to the world for all terrorists to come and attack Argentina because here there is impunity. It is approved that terrorist attacks are not solved and are not solved because politics gets in the tail. Yesterday politics put the tail in, “he concluded.