Zaffaroni Proposes "Law" to Investigate Causes of Corruption of Prisoners

The exjuez of the Supreme Court

Eugenio Zaffaroni

On Monday, President Kirchner will attempt to review court cases involving former US government officials before returning to power.

Cristina Kirchner

. He did so by proposing that Congress pbad a law aimed at reviewing the causes of what he called "political prisoners", in reference to people arrested in corruption cases.

Lawyers consulted by
THE NATION they considered a proposal in this sense unconstitutional.

"Once the government of another sign has arrived, it will be necessary to make some corrections regarding the structure of the judiciary to the extent permitted by our Constitution," said Zaffaroni. He added: "Constitutionally, there are forms, I believe that an extraordinary revision law could be made in front of a camera and from there to the Court, we will have to think about whether it is worthwhile to maintain the Court structure, if it is necessary to modify it a bit institutionally, the things that it is possible to do. "

Although Zaffaroni said during a dialogue with El Destape Radio that he does not think today "to pardon or amnesty", his legislative proposal is consistent with what the candidate raised to the presidency.

Alberto Fernández

A few weeks ago, when he said that his government was going to put the magnifying glbad on the judicial investigations.
"It seems to me that we will have to review many of the convictions handed down in recent years, without any legal support and legal rationality," Fernandez said.

"In one way or another, we should think of an extraordinary control method in cases where arbitrariness has been found, that procedural activity we have is unusual," further elaborated. # 39; exjuez.

Zaffaroni said that "the judiciary is very sensitive to changes of government" and is in favor of "the adoption of a law of revision of the causes of political prisoners".

Consulted by
THE NATION, two jurists considered that, if necessary, an initiative such as that proposed by the former Minister of the Court would have no future because it would imply the intervention of powers.

"It is the intervention of the legislature on the judiciary.One thing is that there is a legal framework for future causes and another: it interferes with causes already in development or already tried, it would be very serious, unconstitutional, a lot more madness to absorb the judiciary, "said constitutional expert Daniel Sabsay, who also denied the existence of" political prisoners "in Argentina.

"[La opinión de Zaffaroni] It's totally arbitrary. They are not political prisoners, but criminal law offenses, constituting crimes against the public administration. You can not dress them arbitrarily as they are political causes. It is not like that. This happens when a person is jailed for his opinions, but this is not the case, "he added.

Guillermo Lipera, former president of the Buenos Aires City Bar, said the proposal was unconstitutional and that he could not "take seriously" the statements of the ex-judge. "It seems strange to me that he said, it's a statement to the rostrum because he knows we're in the election campaign, but legally, he lacks support in a republic, "he said. "Only the judiciary has the authorization to do so, no other power can intervene, it would clearly be an invasion of one power to another, it is not constitutional."

After noting that "the judiciary is very sensitive to changes in political government", Zaffaroni has
the complaint against the Brazilian judge Sergio Moro on an alleged coordinated plan to harm the former president

Lula da Silva

in the
Lava Jato and prevent it from coming back to power. "What is happening in Brazil is not very different from what is happening in Argentina: the tandem armed with causes of Judge Moro and his prosecutor is the same as that of Bonadio and [Carlos] Stornelli, "he says.

"We are living in a clear political persecution, we have for the first time in 30 years political prisoners," added the magistrate, while he was awaiting the results of this year's presidential elections. "I have high expectations, I think people can confuse, but they do not commit suicide, this is not the first time that in Latin America there is a Meme it situation like today's, "he concluded.