Cassation rejected the defense's requests and upheld the conditions of his house arrest
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The Federal Criminal Cassation Chamber ruled to maintain the current conditions of house arrest imposed on Cristina Fernández de Kirchner, sentenced to sixyears ofimprisonment for fraudulent administration in the Vialidad case.
The country's highest criminal court rejected the defense's motions that requested to further ease theregime, particularly the removal of the electronic ankle monitor and the relaxation of the visitation system.
Gustavo Hornos, Mariano Borinsky y Diego Barroetaveña, miembros de la Cámara Federal de Casación.
The ruling was issued by judges Gustavo Hornos, Mariano Borinsky, and Diego Barroetaveña. In the majority opinion, the court held that both electronic monitoring and visitation restrictions "allow for effective judicial oversight" and guarantee "legal protection against procedural and personal security risks" for the former president.
Hornos emphasized that the enforcement of sentences for corruption offenses must go beyond mere formality and that the law must be applied equally to all citizens, regardless of the rank or public exposure of the convicted individual, in reference to Article 16 of the National Constitution.
During the oral and public hearing, Attorney General Mario Villar withdrew the appeal that had been filed by the Public Prosecutor's Office to revoke house arrest. He considered that Cristina Kirchneris adequately complying with the imposed conditions and that the reasons that motivated the appeal were no longer in effect.
Judge Borinsky dissented regarding the use of the ankle monitor and visitation restrictions. He argued that the former president has permanent protection from the Argentine Federal Police and that electronic monitoring devices should be reserved due to their limited availability.
Juez Mariano Borinsky.
The court recalled that house arrest constitutes an exceptional regime, subject to ongoing judicial oversight, and that the conditions could be reviewed if current circumstances change. It also clarified that the place of sentence enforcement will not be modified, and that any intervention regarding the use of public space around the residence falls exclusively under the jurisdiction of the Government of the City of Buenos Aires.
In its ruling of more than one hundred pages, the Cassation Chamber held that Cristina Kirchner's house detention conditions respect her rights and guarantee the effective enforcement of the sentence. It highlighted that her family, legal, and medical circle has unrestricted access, and that the list of visitors may be expanded with judicial authorization.
Additionally, it recalled that Law 27.375establishes the use of electronic ankle monitors as a rule in these cases, and that it can only be omitted if there are favorable reports from oversight agencies.
