Outrage in the Judiciary: the judges of Oral Court No. 7 are resisting accelerating the trial against Cristina Kirchner

Outrage in the Judiciary: the judges of Oral Court No. 7 are resisting accelerating the trial against Cristina Kirchner
Judges who make up TOF 7
porEditorial Team
Argentina

TOF 7 argued that it 'sees no reason' to change the trial format and defended itself in the name of 'judicial independence.'

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Federal Oral Court No. 7, composed of the presiding judges Germán Castelli, Enrique Méndez Signorini, and Fernando Canero, denied the request from the Court of Cassation to expedite the oral trial in the Cuadernos de las Coimas case, in which Cristina Fernández de Kirchner is the main defendant along with 86 others charged with corruption.

Jueces que componer el TOF 7
Jueces que componer el TOF 7

In a decision that caused discontent within the Judiciary, the judges stated that "they see no reason" to modify the current scheme of virtual hearings, arguing that the court is "overloaded with work" and that the request "would affect judicial independence."

The decision was met with indignation by judges and prosecutors, but above all by society itself, which is closely watching the case in anticipation of justice.

The Supreme Court had expressed its concern about the delay in the process, meanwhile, the Judicial Council, through Alberto Maques, sent a formal note to the court recommending that hearings be held in person and with full-day sessions to avoid delays and restore public trust. "Delayed justice is not justice. Every delay erodes the legitimacy of the system and widens the gap between citizens and the Judiciary," Maques warned.

In the document, the judges stated that "judges are not called to be popular, but to be independent." The phrase sparked immediate criticism, since it is evident that the court confuses independence with inaction.

It should also be remembered that the Federal Criminal Procedure Code requires full in-person attendance for oral trials, and that the use of virtual platforms was a temporary exception during the pandemic. This is a fact that the judges of the oral court evidently choose not to remember.

Additionally, the judges of TOF 7 argued that when virtual hearings were decided, no one complained, omitting that prosecutor Fabiana León had already pointed out the need for in-person hearings, since a scheme like the current one could extend the trial for more than five years.

Cristina mostrándose luego de ser retada por el juez
Cristina mostrándose luego de ser retada por el juez

After all this controversy, the debate resurfaces about the role of the Judiciary, which with these attitudes gives the impression of taking a condescending position with the "Boss of the Gang" and her defense attorneys, and not with the society that suffered years of corruption. They continue to tarnish their colleagues and a branch of government that is already highly questioned in our country.

A "minimal" progress: one more day of Zoom and alternative venues

After the controversy with Cassation, TOF 7 announced its "progress": adding one more weekly hearing day (two instead of one) and considering possible in-person venues such as the AMIA room at Comodoro Py or the BCRA auditorium. The measure is insufficient and cosmetic, since the core of the problem—the slowness and virtuality of the process—remains unchanged.

It even became known that one of the defense attorneys—who participated in the hearing from her car—complained about the lack of parking or Wi-Fi in the AMIA room, details that expose the level of triviality with which a historic trial is being handled.

Cristina Kirchner.
Cristina Kirchner.

The Cuadernos case is considered the "Nuremberg of Argentine corruption" due to the magnitude of the evidence and the institutional damage involved. However, the judges of TOF 7 seem more concerned about the comfort of Zoom than about the transparency of the process.

"These judges should behave like judges and not like subway union leaders; they are pitiful and disgusting, society is watching them," Eduardo Feinmann stated in his editorial.

The importance of this stage is that citizens can see the faces of those who stole from them for years and attend a truly oral and public trial. These judges of TOF 7 are facing a historic trial; they should honor the work of the previous instances.


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