The controversy over the successive projects, measures and declarations of the ruling party regarding the functioning of the Judicial Power and the files that have prosecuted – and even sentenced – dozens of former officials of the Kirchnerist governments could have a new chapter in international organizations: several organizations civilians filed a request for a hearing before the Inter-American Commission on Human Rights to denounce the “attacks of justice”, and asked for his intervention. “Inter-American regulations provide that the strengthening of Justice and the division of powers requires, above all, measures to prevent harm,” they remind him.
“The organizations and social actors that are signatories of this communication are pleased to write to you to request, through you, and in the terms of Article 66 of the Regulations of the Inter-American Commission on Human Rights (IACHR), a general audience in the framework of the next 179th regular session, in order to present information on the serious situation of violation of judicial independence and the public prosecution service that takes place in the Argentine Republic, as a consequence of the actions of the government of our country, a situation that constitutes a direct violation of the obligations assumed by the Argentine Republic under the Pact of San José de Costa Rica (arts. 8 and 25, among others) and of the Inter-American Democratic Charter, “says the shocking first paragraph of the presentation addressed to the executive secretary of the Commission, Maria Claudia Pulido.
“The attacks against the independence of the judiciary and the public ministry in our country are aimed at generate a situation of impunity for serious acts of corruption“, says the text signed by FORES, Constitutional Block -a group of independent lawyers that participates in the elections of the Buenos Aires Public Bar Association-, the Progreso Club, Republican-Justice Joint Action, Will Be Justice, the Argentine Chapter of the International Observatory of Prisons, Democratic Culture, the Center for Research and Training of Social Entrepreneurs (CECIC), Global Democracy, Forensic Accountants and the lawyer specialized in Ethics and Corruption Patricia Manusovich.
With the request, the organizations seek to “provide information to the Illustrious Inter-American Commission on facts that violate human rights affecting judicial independence and the independence of the Public Ministry, and that they seek to cover up serious acts of corruption and generate situations of impunity; and request that the IACHR follow up on the situation that will be exposed, in such a way as to generate state actions that lead to improve a situation of human rights violation. “
“We request the illustrious Commission to convene a hearing with the government of the Argentine Republic in order to account for these serious problems based on the development of the events and irregularities indicated.”
The presentation seeks to connect the present facts with the previous K project to “democratize justice”, whose spine was collapsed by the Court as unconstitutional, “This Illustrious Commission has already had to deal with similar threats in 2013. Today, we are witnessing a reiteration of such attacks. What motivates this request for a hearing is that what is observed today in our country is nothing but, unfortunately, continuity of those policies“.
“The Argentine State, through important officials, both from the Executive Power and the Legislative Power, is using the institutions of the judicial system to generate impunity for officials, former officials and relatives accused of corruption and other serious crimes “, denounce the civil organizations.
“As will be explained in greater detail at the hearing, the current national government seeks, by different means, affect the independence of justice and prosecutors, to achieve the closure of cases that affect members of the government and those close to it “, the text continues, with quotes from the Ciccone case and the official reactions after the confirmation of the sentence against Amado Boudou.
Anticipating the content of the presentation before an eventual hearing, the request affirms that “the attack on independence is raised through attacks on the Supreme Court of Justice of the Nation, the ‘judicial reform’, the illegitimate transfer of judges to prevent intervene in corruption cases, pressure on judges to achieve resolutions in line with the ideas of the government, attacks on the independence of the Public Ministry and pressure from the Argentine State in favor of former officials convicted or prosecuted. “
“The events described are of unusual gravity and undermine judicial independence in order to benefit different officials and former officials of our country, in corruption cases”, they analyze. “Inter-American regulations provide that the strengthening of Justice and the division of powers requires, above all, of measures to prevent harm. Such is the purpose of this request. “
“The jurisprudence of the Inter-American Court is clear in considering that actions such as those described throughout this presentation violate inter-American law.”
“The facts developed in this request are repeated actions of the Argentine State that, therefore, require the urgent commitment of this Commission to meet our request. It is not possible to ignore, as was pointed out at the beginning of our presentation, that the Illustrious Commission already held almost eight years ago, a hearing on events that are being repeated today, “the petitioners emphasize.
For this reason, the organizations ask that the “illustrious Commission” call the requested audience and invite the Argentine government and representatives of all the entities that sign the request to participate in it.