The Federal Chamber of San Martín revoked the pretrial detention of Kirchnerist Alesia Abaigar, former director of the Buenos Aires Ministry of Women and member of La Cámpora, who was arrested after the feces attack on the home of national deputy José Luis Espert.
The court decision also ordered Judge Sandra Arroyo Salgado to establish the terms of her release on bail and possible rules of conduct.
The court found no risk of flight or obstruction
The ruling, signed by judges Néstor Barral, Alberto Lugones, and Pablo Flores, states that there is no evidence of procedural risks to justify detention. The judges especially valued that Abaigar cooperated with the investigation, voluntarily handing over the access codes to her cell phone and computer.
The ruling also highlights the absence of a criminal record, the proper identification of Abaigar during the search, and the low criminal scale of the charges, which allows for a possible suspended sentence.
What are the charges against Alesia Abaigar
Abaigar is charged along with other officials and Kirchnerist activists, all linked to the circle of Quilmes mayor Mayra Mendoza, for the following crimes:
- Attack against public order
- Aggravated threats
- Incitement to hatred for political reasons
The events took place on June 17, when Espert's home was attacked with bags of feces and a banner with the phrase: "This is where Espert's shit lives." The act was recorded by security cameras.
The defense denounced "political persecution"
Abaigar's lawyer, Adrián Albor, challenged the legal classification of the events and stated that the content of the banner should, in any case, be considered as crimes against honor, and not justify pretrial detention. In his presentation before the Chamber, he described the situation as an arbitrary detention with signs of political persecution.
He also argued that the public office held by Abaigar doesn't represent a procedural risk, as Judge Arroyo Salgado had argued to justify her detention.
