Wednesday , November 25 2020

In an unusual ruling, the Cassation Carlos Menem and Domingo Cavallo authorized to go to court after the sentence for paying bonuses – 12/14/2018



In a very unusual failure, Room II of the Federal Criminal Casio Chamber decided to authorize the appeal to the Supreme Court of Justice of former President Carlos Menem and Minister of the Domingo Domingo Cavallo, who was convicted in 2015 for paying bonuses to former officers with funds and retained from the SIDE during his reign in the 90's. The conviction was recently confirmed by the same Casio Chamber, which was in these cases usually refuses the way to continue appealing to the Court with a sentence with double agreement. In fact, if the court did not authorize that appeal, Cthe certification should have stopped immediately, and Menem would only divide her privileges from a cell.

Unanimously, the judges, Ángela Ledesma, Guillermo Yacobucci and Eduardo Riggi decided to open the way to those condemned to the Court, to consider if a "reasonable period" did not pass for his experiment since the events took place, more than two decades ago. Of course, That time slipped thanks to Chicanas numberless and organizational resources the defendants are preparing the file, with the permission – at least – from the judges and prosecutors who intervene in the case.

Only on December 1, 2015, the Federal Oral Court 4 (TOF4) was sentenced to Menem for four and a half years in prison and Cavallo for three and a half years, while former Secretary of Natural Resources María Julia Alsogaray was free. That day, the judges Pablo Bertuzzi, Patricia Mallo and Nestor Costabel also found former Minister of Justice Raúl Granillo Ocampo guilty and sentenced to three years and three months in prison, although the Cassation reverses the sentence against him later.

The two former ministers were condemned as those who were involved in the crime of injury, and Menem was considered to be an author. The accusers took that for granted during the Menem government bonuses were paid to ministers, secretaries and state subconscons through the reserves of the Secretary of State's Concept (SIDE). The excuse was that some ministers received less pay than directors or career officers of the ministries they are under heading, but in the trial it was found that the pay difference was not such. Then, with another decree, they got the same money for them but as "expenses of representation".

On October 12, the Cassation confirmed the sentence. That time, Judge Ledesma and Ana María Figueroa refused -substanting in room II before they appointed Yacobucci-appeal Menem and Cavallo, but his colleague, Riggi, voted after the "reasonable time" for the trial, everything should be archived and nothing has happened here. The same essay he had to sign a week ago – but in the majority – to close the case for illegal weapons trading to Croatia and Ecuador, where Menem was also accused.

"This is the typical judicial case that was flawed and the time of ruling was giving it up," he said. Clarin Laura Alonso, head of the Anti-Corruption Office, plaintiff in the case. "The defenses and several times the judicial operators extend the prescribed time limits. The OA complained of the start so that she died, and she did. But now in a new procedural tour, even with double compliance with Cassation, a new case has enabled it o appeal. Everything seems that Menem na Cavallo does not comply with the sentence. "Due to the official ruling, yesterday" confirms the worst suspicion:It's hard to condemn the powerful in Argentina, and much more to see in prison. That is the rationale of an order, the one who rejects Argentina's society and that so much damages the image of Judicial Power and Republican Health. "The ball, now, was at the heart of the Court.


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