Viality Case: The judiciary is already reviewing CFK's request for house arrest

Federal Oral Court No. 2 (TOF 2) confirmed that it will not make a decision on the request for house arrest submitted by Cristina Fernández de Kirchner until the middle of next week. The former president was convicted of corruption in the Vialidad case, in a ruling that has already been upheld by the Criminal Cassation Chamber and ratified on Tuesday by the Supreme Court of Justice.

In response to the defense's request for this benefit to be granted, judges Jorge Gorini, Rodrigo Giménez Uriburu, and Andrés Basso decided to maintain procedural timelines. This means there will not be an immediate detention of the former vice president, who is currently staying in her apartment on San José Street in the City of Buenos Aires.

The request for house arrest and the conditions of the process

Cristina Kirchner's lawyers requested the temporary suspension of the effects of the Supreme Court's ruling until the court decides whether house arrest is appropriate. Meanwhile, TOF 2 has already initiated the formal procedure: it has created the corresponding case files and forwarded them to the prosecution, which must respond within three days, although prosecutors may reply sooner.

The general five-business-day period established by the court applies not only to Cristina Kirchner but also to the other eight convicted individuals in the case, including Lázaro Báez, Nelson Periotti, José López, Juan Carlos Villafañe, Raúl Pavesi, Mauricio Collareda, José Santibáñez, and Raúl Daruich. Several of them are in different provinces or have particular situations, such as medical issues or advanced age.

Among the arguments to be considered, TOF 2 will assess the health status of some of those involved, personal security conditions—in CFK's case, due to having been the victim of an attack—and the special standards required by her status as a former head of state.

Migration restrictions and other measures ordered

While the procedural situation of the convicted individuals is being determined, the court ordered a series of additional measures. One of them was to notify the National Directorate of Migration of the legal status of all those involved, in order to prevent any attempt to leave the country. The main concern is that someone might travel to countries with which Argentina doesn't have extradition treaties.

The Ministry of Security was also asked to indicate possible places of detention, taking into account the personal circumstances of each convicted individual. At the same time, TOF 2 requested a socio-environmental report on Cristina Kirchner's residence to assess whether the property on San José Street is suitable for serving house arrest if necessary.

Perpetual disqualification and final conviction

In addition to the prison sentence, Cristina Kirchner was sentenced to perpetual disqualification from holding public office. That sentence has already been notified to the National Electoral Chamber, which means the former president will not be able to run for any elective office again.

The Vialidad case, initiated in 2016 with a conviction handed down in December 2022, investigated the irregular awarding of 51 public works in the province of Santa Cruz between 2003 and 2015, most of which were granted to companies linked to Lázaro Báez.

TOF 2 now has the responsibility of enforcing a sentence ratified at all judicial levels. Although it remains to be determined whether some of the convicted individuals will be granted house arrest, the process is moving toward the definitive implementation of the ruling, with no room for political delays or judicial speculation.