A lawyer representing Cristina Fernández de Kirchner says the former president has been granted permission by the courts to serve out her six-year prison sentence for corruption and fraud offences at her residence in Buenos Aires.
Gregorio Dalbón said the former president “will serve house arrest” and that, ultimately, “legality prevailed over disgrace,” despite the efforts of prosecutors to persuade judges not to grant the benefit.
The remarks come just a day before Fernández de Kirchner is due to surrender herself to the authorities at the Comodoro Py federal courthouse in Retiro, Buenos Aires, to begin serving her sentence for fraudulent administration in the awarding of public works contracts during her 2007-2015 Presidency.
The 72-year-old is eligible for house arrest because she is over 70 years old, but the benefit is at the discretion of the judges.
Her defence team had also cited security reasons, referring to the failed assassination attempt she survived in 2022, when an individual attempted to shoot her in the head at close range, but the gun failed to fire.
Prosecutors protest
It emerged earlier Tuesday that the prosecutors who led the case petitioned the magistrates not to grant house arrest.
Prosecutors Diego Luciani and Sergio Mola asked the judge to reject house arrest because they considered that ‘there are no humanitarian reasons to justify it,’ according to the ruling released by the Public Prosecutor's Office.
Though the federal courts have yet to formally confirm the ex-president has been granted house arrest, Dalbón hinted Tuesday that he had been informed of the decision by judges from Federal Oral Court No. 2, which originally convicted Fernández de Kirchner in 2022.
Dalbón said Tuesday that the judges had made their decision within the framework of “what the law mandates and dignity demands.”
She will not be humiliated; she will serve her sentence under house arrest, as is appropriate in a state governed by the rule of law,” he said on social media.
“This is not just a legal victory. It is a political, popular, and ethical triumph amid a systematic persecution that violated every principle of due process,” Dalbón stressed.
“Cristina is not alone. The people stood by her, defended her, and protected her. And that, more than any argument, tipped the balance. Today, the law triumphed over the circus. Dignity triumphed over hatred. And the truth has begun to emerge amidst the defamation.
“This is a step forward. Not the end. But it is a clear sign that they will not be able to break someone who walks with the people. Cristina was convicted, but they failed to break her. They want to ban her, but they will not erase her from history. And if true justice ever decides to act, this case will be reviewed and destroyed for its utter lack of legality,” the lawyer concluded.
City Hall concerns
While Fernández de Kirchner’s supporters will be delighted at the news, the decision is unlikely to be welcomed at City Hall. According to sources in the Buenos Aires City government, officials are concerned about the potential impact to local residents in the neighbourhood where the former president lives.
Fernández de Kirchner, the national chair of the Partido Justicialista (PJ), has said she will appear before the courts on Wednesday. Activists, union leaders and several political parties have called a mass demonstration to accompany the ex-president to the courthouse.
The court is expected to formally notify Fernández de Kirchner remotely that she has been granted house arrest in order to prevent her from going to the courthouse and dampen the planned protest.
Earlier this week, the City Attorney General's Office submitted a formal letter to the courts expressing its “concerns” about the “negative impact” such a decision could have on the local area, given it has high vehicle and pedestrian traffic.
A possible house arrest “would seriously affect mobility, security and the provision of essential services in a high-density, high-traffic area” such as the Constitución neighbourhood, reads the document.
“The property offered for house arrest is located in a strategic area of the Constitución neighbourhood, with high vehicle and pedestrian traffic, connecting vital arteries such as Av. 9 de Julio, Av. Independencia and Av. Entre Ríos,” where there will be “serious and sustained disruption if house arrest is authorised,” it concludes.
Supporters won’t back down
Supporters have been camped outside Fernández de Kirchner’s residence since her conviction was confirmed by the Supreme Court earlier this month. Activists are braving cold nights and temperatures to support their idol and are adamant they won’t back down/
“I'm from Rosario, 340 km north of Buenos Aires. I came by train with my bike and brought my sleeping bag to stay here tonight and join the march tomorrow,” said Huara Gatti, 33, an employee in the culture section of the Rosario Mayor's Office.
“We have to be here because it's a very important, very sad, painful moment. It's a way of giving her a hug from a distance and letting her know she's not alone,” said Gatti.
– TIMES/NA/AFP
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