The Crime Chamber summoned the national government and to the lawyers who presented a set of habeas corpus for nine Argentines stranded abroad, as a result of the restrictions imposed by President Alberto Fernández through an administrative decision to try to prevent the arrival of the Delta variant of Covid in the country. The Chamber’s decision came after an investigating judge rejected the amparos who had presented / displayed the stranded and it was pronounced thus in favor of the sanitary policy of the Executive Power.
“It is pertinent celebrate the hearing prescribed in the habeas corpus law to which the national government must be summoned through the Chief of the Cabinet of Ministers, headed by Santiago Cafiero, whose lawyers appeared today in the file. Also that the arguments related to the health of the stranded must be analyzed“, said the Chamber of Crime to revoke the decision of the lower instance that had not given rise to the amparos presented.
The investigating judge Martín Carlos del Viso received from the Chamber the order to set the hearing, in a case that began with the claim made by nine Argentines stranded abroad (eight in the United States and one in Paraguay) that after the measure restriction of the Executive Power could not return to the country despite having dates stipulated long ago by the airlines.
With administrative measure 643/2021 of the Head of Cabinet the limit of people was restricted to 600 that will be able to enter the country every day.
Habeas corpus, the measure presented by the stranded, is a tool that is invoked when it is considered that a government policy is unconstitutional since it restricts a right guaranteed by the National Constitution, which is the freedom to enter and leave the country freely.
In three of the appeals filed for this reason, it was indicated that their clients had health problems. One of the cases was presented by opposition deputies Waldo Wolff, Luis Petri, Fernando Iglesias, Álvaro de Lamadrid, Cristian Ritondo and Pablo Torello, by a man stranded in Paraguay and then extended to all Argentines in the same situation.
The Viso judge rejected the cases last week. “Without ignoring the problems that the situation has generated for those who saw their return to the country postponed, I understand that the questioned measure does not appear as isolated, but on the contrary it must be considered as reasonable and proportionate, given the health crisis situation that the country and the world are going through, “he said in the ruling in which rejected the request.
The complainants appealed that decision, and that is why the Crime Chamber intervened, which this Monday indicated in a resolution: “Given the existence of various proposals made in favor of different people, the Court understands that in the case it is pertinent to hold the hearing prescribed in art. 14 of Law 23,098 ″, signed the chambermaids Mauro Divito and Juan Cicciaro.
The hearing is foreseen in the habeas corpus law to listen to the parties involved in the claim, for that reason the lawyers of the Chief of Cabinet of Ministers, and the lawyers who presented the amparos will attend. After that meeting, the judge will again rule on the case.