Next Friday, the IACHR will analyze a complaint regarding the use of pretrial detention in Córdoba, filed by two local criminal lawyers. The complainants claim that there are systematic abuses, although they omit to mention that the tool is provided for by law and that judges can review it. The claim reaches the inter-American body through a submission against the Argentine State as the overall responsible party.
The accusation focuses on prolonged detentions before trial, presented as "anticipated sentences", even though legal remedies are available. The lawyers state that they are used as a method of coercion, ignoring that an abbreviated trial requires consent, technical defense, and judicial approval. The figure of pretrial detention is regulated by the Criminal Procedure Code and is not applied arbitrarily.
There is talk of an alleged violation of the presumption of innocence, without considering that every precautionary measure requires specific grounds and judicial oversight. That some detainees admit to crimes under pressure is a serious accusation that must be proven, not simply asserted. This type of generalization undermines confidence in the criminal justice system and its operators.
An ideological offensive against provincial justice from an international organization
The complainants also question the use of the figure of illicit association, without admitting that its application is appropriate in cases with multiple defendants and prior organization. The reference to the Estancanelli ruling is cited out of context, forgetting that the Supreme Court doesn't prohibit its use, but rather requires certain conditions. The argument openly disregards the provincial autonomy to administer its criminal justice system.
They criticize prosecutors for ordering pretrial detention, even though a TSJ agreement rendered ineffective a law not yet implemented due to lack of resources. However, this occurs within the institutional and legal framework of Córdoba, and it is not within the jurisdiction of a foreign body. The intervention of the IACHR exceeds what should be an internal discussion of Argentine federalism.
The Committee against Torture will also participate, although its reports show contextual data that do not prove systematic violations or unconstitutional practices. Speaking of torture due to procedural coercion distorts the true meaning of that crime and trivializes serious situations. Córdoba needs to solve its problems autonomously, not submit to the scrutiny of ideologized international organizations.
