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Avocado Fernando Sicily He was stranded in the United States due to the sanitary quota to enter the country and was presented in court with a particular proposal so that he could return: He offered his car as a guarantee in case he breached mandatory segregation upon his return, that it be checked by security cameras in the apartment building he lives in and with surprise and random questions about his personal life.
This was raised by Sicilia in the amparo he presented yesterday against the national government – when the airline informed him that his return flight next Sunday had been canceled – and he ended up in the head of judge in federal administrative litigation. Enrique Lavié Pico, informed Infobae judicial sources.
The lawyer, who among other resonance cases intervenes in the cause of illegal espionage during the government of Mauricio Macri, traveled to Miami, United States last Saturday. He is due back by July 18 but has been rescheduled for July 31 because his flight did not come within the allowed limits under the daily entry quota for people into the country that the government has set due to the health crisis. of the coronavirus to delay the arrival of the delta a variant.
This measure was applied with the administrative decision 643/2021 Chief of staff who set the quota at 600 people per day. Now, with another resolution, the government has increased the quota per week until the beginning of August.
Sicilia has raised in its defense that the measure is “Unreasonable, arbitrary and unconstitutional” and requested that a precautionary measure be issued to “The right to enter the country on time is guaranteed”. “With the conduct assumed by the accused, my constitutional and conventional right to enter the country of which I am a citizen is violated by a capricious administrative decision without any support,” he added and maintained that Article 14 of the National Constitution guarantees the right “to enter, stay, transit and leave Argentine territory”.
The lawyer criticized the absence of a specific rule on what are the criteria for selecting flights that can enter the country per day and that this decision remain in the hands of the airlines which “favor those which have a loyalty program or” VIP “type memberships”.
For the lawyer, the health crisis due to Delta variant of the coronavirus which, according to the government, can be controlled with a home quarantine and thus allow all Argentines to return to the country. “That, precisely, I am not unaware that many citizens did not respect the protocols ordered by the health authority and this is why faced with individual irresponsibility, plus the total ineffectiveness of the State to control , it is intended to violate the rights mentioned in this writing, because all citizens, as in my case, have done nothing against the law, ”he said.
And so he made a new proposal to allow him to enter the country. “Well, in my case, beyond signing the corresponding affidavit and performing the PCR test on arrival, I agree to adhere to the following guidelines in order to neutralize the alleged spread of the Delta variant. by means of the following arguments, “argued and made proposals.
One is to isolate them at their home in the city of Buenos Aires – as established in the protocol for those who return – or to leave the possibility that if the judge orders it to do so in a hotel; also random calls from the health authority “With questions of personal data and immediate sending of location by the WhatsApp application by time interval, to the phone number that the authority determines”. He also offered the “I send security cameras to my building every three days to confirm that I have not left my house”; the personal control of immigration inspectors and the “Guarantee of my car so that the authority imposes a fine on me and can recover it in the event of non-compliance with the quarantine.”
The lawyer asked Judge Lavié Pico to issue a precautionary measure in which he orders the national government to guarantee his return to the country next Sunday.
Other causes
This is not the first case that begins with complaints from blocked Argentines. Last week, the criminal chamber upheld the constitutionality of the quota but ordered the government to order the return to the country of two people with health problems on humanitarian grounds within 24 hours. Both have already returned.
The Federal Judge of San Martín Poppy Oscar rejected the protection of three people so that they could return to the country because the judge understood that the conditions to accept the proposal were not met.
There was another case in the federal court of Lomas de Zamora which was dismissed in the middle of the proceedings because the person behind the case declared that he could enter Uruguay and that he would stay there.
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