filed a habeas corpus so that his family can return home

At the moment, many Argentinian families stranded abroad are trying to enter the country after the restrictions imposed by the government. In this context, a criminal lawyer filed a habeas corpus to federal justice in La Plata so that his wife and daughter can return from Miami.

“After a few days of vacation and happiness, my daughter, my wife and the whole family are full of uncertainty and bitterness, because irrational and unthinkable measures“, asked the lawyer José Luis Spain, in a message published last Monday on his Facebook account.

The lawyer referred to Patricia Cotrone and her daughter Ariana España Cotrone, who visited the United States on June 8. Like many other Argentinian citizens, they were stranded without being able to return to the country.

Therefore, Spain presented the there are individual corpora concerning your family’s situation and another collective for the rest of the Argentinian blocked. As stated in the letter, it is “Freedom of movement and movement is restricted“For which he asked the Justice” to expressly rule on the constitutionality of the standards in question, established by the national executive power. “

“The scheduled return date for the Bolivian airline under contract was July 2, a flight that was canceled due to the restrictions we denounced and which has not yet been reprogrammed, for lack of a certain date of return ”, declared the lawyer in habeas corpus, as reported by the media La Plata The day.

The lawyer denounced the administrative decision 643/2021 of the seat of the Cabinet of Ministers of the Presidency of the Nation, issued on June 26, which restricts the entry of Argentine citizens and residents into the country, reducing from 2,000 to 600 people one day.

“It was inappropriate, arbitrary and unreasonable, depriving my wife and my daughter and all the Argentines who were to return to the country, to do so within the deadlines they had decided and planned “, he criticized.

Spain argued that “in accordance with article 43 of the National Constitution, any person can bring an accelerated and rapid action of protection, provided that there is no other more appropriate judicial means, against any act or omission by public or private authorities that currently or imminently affects, restricts, alters or threatens, with obvious arbitrariness or illegality, the rights and guarantees recognized by this Constitution, a treaty or a law. case, the judge may declare the unconstitutionality of the rule on which the harmful act or omission is based ‘,

In addition, he clarified that “the Administration must protect public health, but this does not imply that this constitutes a pretext to violate the rights of citizens, since there has been more than enough time for the Administration to arbitrate the necessary means so that citizens who are abroad can return to the country and their homes, under the conditions and methodology that the same government established at the time of the departure of these citizens abroad “

He also said that “it is not explained in the regulations complained of why 600 people entering the country represent a lower risk of entering the dreaded Delta strain than the 2,000 allowed so far” .

He also criticized the National Director of Migration, Florencia Carignano, and officials for “asserting that people do not do compulsory isolation, and with these arguments intends to justify the measureIn other words, they use their own inability to control to punish citizens and justify untimely, arbitrary, but above all irrational and unreasonable measures. “

The national government has left to the discretion of the provincial governments and the city of Buenos Aires the definition of where those returning to Argentina between July 1 and August 31 must complete their quarantine. That is, whether travelers can isolate themselves at home or whether they will have to go to the hotel.

In this regard, Spain noted: “The contested rule does not explain why it delegates to local authorities the decision of what type of isolation citizens domiciled in their respective jurisdictions must comply, that is to say , imposes restrictions but does not reserve compliance control the same with the 600 authorized to enter the country, thus promoting the continuity of the lack of control that you want to avoid, which is incongruous and therefore arbitrary. “

“The administration has had to organize the entry of citizens in such a way as not to infringe on constitutional guarantees, resulting in disproportionate measures which involve depriving people of their fundamental rights and expose them to extreme situations, far from home and in many cases without the resources to meet their housing and subsistence needs for an indefinite and uncertain period, ”he added.

In the judicial presentation, it was indicated that, if this proposal does not succeed in the first instance, “the proposal of unconstitutionality and the federal case will be made, as authorized by the CN and the law 48, since the constitutional rights such as those of the freedom of ambulation and transit, and others of the same hierarchy, including the right of access to justice (Pact of San José of Costa Rica, articles 8 and 25).

“Likewise, since the rights enshrined in the American Convention on Human Rights are included in this action, I expressly reserve the right to appeal to the inter-American system for the protection of human rights,” he said. concluded.

The administrative decision on closing the borders, which forced all airlines to adapt their schedules, was published in the Official Journal of the Argentine Republic on Saturday. It establishes that the isolation must be seven days from the test carried out in Ezeiza.

It also provides that living expenses in places of isolation and the sequencing tests which are carried out in the event of positive cases, will be the responsibility of the traveler. And that the authorities will establish how to make effective the recovery of these expenses.

In addition, the borders are still closed to tourism and flights to or from the UK, Turkey, African countries, Brazil, Chile and India continue to be suspended.

AFG