The Federal Chamber confirmed this Monday the indictment of former president Alberto Fernández in the case in which he is being investigated for "gender violence" against his ex-partner and former first lady, Fabiola Yañez.
The decision was made by majority in Chamber II of the court and leaves Fernández one step away from oral trial, accused of minor and serious injuries aggravated by having occurred in a "context of gender violence," in addition to coercive threats.
One step away from oral trial
With this ruling, Judge Julián Ercolini and Prosecutor Ramiro González, who was in charge of the investigation, are enabled to order the elevation to oral and public trial, if they consider that the investigation stage is already concluded.
The indictment was ratified in an 82-page ruling, signed by judges Martín Irurzun and Eduardo Farah, who agreed that there is sufficient evidence supporting the accusation. The third member of the court, Judge Roberto Boico, dissented and requested the lack of merit for the former president.
Confirman el procesamiento de Alberto Fernández por lesiones agravadas a Fabiola Yáñez
"Everything shows that the victim was someone who was notoriously in a situation of power inequality, both inside and outside the couple, in relation to her aggressor", stated Irurzun, with Farah's endorsement.
The investigated events
According to the ruling, it was established that Fernández physically assaulted Yañez at least twice, causing bruises on her arm and right eye, in addition to exerting pressure to prevent her from filing a criminal complaint. These situations allegedly occurred while they both lived in the Quinta de Olivos, where Fernández exercised total control of the environment.
The judges highlighted that, in that context, the victim found herself isolated and in vulnerable conditions, which would have affected her physical and emotional health.
"The specific and objective facts that were preliminarily established in the case, which included injuries and other forms of gender violence (...) certainly caused a marked deterioration in the victim's health conditions," stated Irurzun and Farah.
They also considered that the power inequality between the two was decisive for Fernández to coerce Yañez and influence her decision not to initially pursue criminal action.
Next steps
With the indictment confirmed, the case is at Judge Ercolini's disposal to decide its move to oral trial. If realized, it would be the first time an Argentine former president faces a judicial process for "gender violence" during his term. Fernández's defense can still appeal, but the case has already entered a decisive stage.
