Justice gave government 24 hours to coordinate return of stranded cancer patient to United States

The Justice the order this wednesday at government What within a maximum of 24 hours coordinate the 54-year-old woman with cancer returns to Argentina, who went to United States to receive the Pfizer coronavirus vaccine for medical indication. I had flight back on July 11, but Aerolineas Argentinas postponed four times and the last scheduled date is August 24.

This is a judgment of the VI Penal and Correctional Appeal Chamber, which gave rise to the habeas corpus presented by Valeria Paula Caccamo, and bears the signature of the judges Magdalena Laino Yes Julio Marcelo Lucini.

Justice had already intervened in previous cases, such as that of Gerardo Hugo Sarayottis Yes Cristian Masarik |, two passengers also stranded in the United States, and also ordered their return to be coordinated due to health concerns.

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Caccamo is located in the city of Phoenix, in the state of Arizona, and in the presentation he made before the Justice, he indicated that his situation is “aggravated because he suffers from high blood pressure, hypothyroidism, kidney failure and clear cell carcinoma (kidney cancer)”.

On May 20, 2020, the woman had undergone surgery during which she they removed a kidney, and since must be medically checked every six months, in accordance with the arguments she indicated in court.

After completing her immunization schedule (May 29 and June 21), the woman had a return date of July 11, but due to measures adopted by Argentina in an attempt to delay community circulation of the Delta variant of the coronavirus, has been reprogrammed first for him 12 and then for him July 19, but then it happened the next month, for the August 8, to finally be programmed for the 24.

Because of what happened, Caccamo he had to cancel medical check-ups, add to that assistance insurance has expired international to the traveler and that he had to buy drugs “not knowing if they will produce side effects”, specifies the judgment.

Faced with the request for an urgent return, he participated on July 30 in a hearing with the prosecutor Edgardo Rosende in charge of the penal and correctional prosecutor’s office n ° 48, and lawyers Iván Posternak and Leandro Salvi, of the National Directorate of Migration, and Carolina Maidana, of the head of the cabinet of ministers, in which he reiterated the reasons for the immediate return to the country and, as Justice indicates, “he proposed to proceed with a more extensive quarantine than that ordered by the authorities”.

Since government They insisted that everyone who left the country knew that their return could be hindered and signed an affidavit in this sense and that he could not ignore it, apart from the fact that the urgency of a chronic treatment does not arise “from the medical file provided.

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In front of this situation, the National Court of Criminal and Correctional Affairs 55 rejected amparo presented by Caccamo.

The decision that led to habeas corpus

But finally, the Appeals Chamber accredited that “objectively that Caccamo requires periodic clinical checks, which includes the daily use of medicines and can only be guaranteed in our territory ”.

She also considered that because “she declared that she was not opposed to taking the tests provided for by the administrative authority, both on leaving the United States and on entering the territory and even offered to undergo a more extended quarantine (…) at your expense “and with” the supervision of your doctors “, this implies that”the danger that the population would end up running in the face of its return would be reduced for their own protective behavior ”.

“The opposition that he intends to enforce State national through its representatives and the public prosecutor lack of creditworthiness stop contemplating the crisis that an oncology patient is also going through who has been abroad for more than seventy (70) days, with the consequences on their health that this can entail ”, adds the letter signed by the magistrates.

It also indicates that passengers allowed in “currently only appear limited to an arbitrary number fixed by the Aeronautical Authority, since the Office for Foreigners and the Chief of Staff of the Ministers claimed to be outside it ”.

Consequently, he ordered that “the Head of the Cabinet of Ministers, through the intervention of the competent bodies and Within 24 hours of notification, coordinate measures that authorize urgent admission to the Argentinian territory of Valeria Paula Caccamo ”.

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He also indicated that the woman “must undergo checks – before and after the trip – indicated by the administrative authority and in particular health and, once in the country, comply with the strict isolation which can correspond duly supervised by those who are in charge of this responsibility ”.