The court overturned the decision of a federal judge in Santa Cruz who had kept the former president on the electoral roll
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The National Electoral Chamber (CNE) ruled on Monday to exclude Cristina Fernández de Kirchner from the electoral register, considering that her conviction in the Vialidad case justifies her disqualification from exercising the right to vote in the upcoming legislative elections in October.
The ruling overturned the decision of the federal judge of Río Gallegos, Mariel Borruto, who had ordered that the former vice president remain an active voter in the Santa Cruz district despite the final conviction issued by the Supreme Court.
"From that understanding, the Court has always maintained a respectful position regarding the powers of the legislator to regulate the right to vote of individuals affected by the rules whose unconstitutionality it has declared", they stated in their decision.
The conviction against Cristina Kirchner, confirmed by the Supreme Court, is six years in prison for fraudulent administration to the detriment of the State. According to the Penal Code and the National Electoral Code, prison sentences longer than three years entail the suspension of political rights.
The first instance ruling had considered that "depriving the right to vote infringes the standards of our highest court", and cited case law from the National Electoral Chamber itself, such as the "Zelaya Case", which declared the automatic application of these prohibitions unconstitutional.
However, the CNE emphasized that in this case "it is possible that in certain cases the legislator may consider the application of the accessory penalty of disqualification justified". In this regard, it highlighted the seriousness of crimes related to corruption.
Cristina Kirchner, condenada por corrupción.
Judge Borruto had based her decision on the fact that the right to vote is part of the set of human rights recognized by international instruments with constitutional status. "By virtue of the above, framing the situation of the citizen in question within the cited precedents, it is appropriate in this case to maintain her registration status as an active voter", she had ruled.
The Chamber, however, clarified that the prohibition is not automatic, but that the courts must weigh the nature of the crime committed and the circumstances of the case. In this sense, it concluded that the conviction for corruption against the former president is incompatible with the exercise of the political right to vote.
With this decision, Cristina Kirchner will not be able to participate in the upcoming legislative elections, her exclusion from the Santa Cruz electoral register remaining in effect.
The measure constitutes a significant precedent in terms of electoral disqualification in cases of corruption, reinforcing the National Electoral Chamber's criteria regarding the restrictive application of the right to vote in crimes that affect public administration.
