House arrest for CFK – 10 keys from the court ruling

Federal Oral Court No. 2 has granted Cristina Fernández de Kirchner permission to serve her six-year prison sentence for fraudulent administration in the ‘Vialidad’ (“Highways”) case under house arrest.

Fernández de Kirchner, 72, has also been slapped with a lifelong ban from public office.

The court ruling, issued Tuesday, contains various key elements which explain the scope, conditions and legal context of this decision.

How served: Cristina Kirchner will have to serve her sentence detained under house arrest in her flat, address San José 1111, 2° piso, apartment “D” in the Constitución neighbourhood of Buenos Aires.
Electronic ankle monitor: The court has ordered an electronic ankle monitor to be placed on Fernández de Kirchner for control purposes, as established by Law 24,660. The detained person may not dispense with the use of this device without a technical report to justify it.
Prohibitions and rules of behaviour: No exit from dwelling without prior judicial authorisation, except in cases of force majeure. No actions which might alter the calm of the neighbourhood. A list of the persons authorised to enter the flat, including family, lawyers and doctors, must be presented.
Quarterly supervision: The Dirección de Control y Asistencia de Ejecución Penal supervisory board will carry out controls every three months and report to the court on whether the conditions imposed are being heeded.
Reasons to grant this benefit: The court took into consideration the age (72) of the ex-president but also her state of health, her role a former head of state and especially the risks implied by the assassination attempt suffered in 2022, which is still under judicial investigation.
Rejection of any privileges corresponding to an ex-president: The ruling underlines that there is no “special régime” for ex-presidents and that Federal Police custody does not replace the prison system nor supervise how sentences are served.
Solitary confinement ruled out: The court pointed out that convicts cannot be isolated indefinitely to protect them and that this would be contrary to constitutional and international norms regarding humanitarian treatment.
Opposition from the prosecutors: The prosecutors Diego Luciani and Sergio Mola requested that the request for house arrest be rejected on the understanding that the humanitarian reasons are insufficient and the Penitentiary Service can guarantee her safety.
Duration of sentence: The ex-president was sentenced to six years in prison to be served in full, House arrest does not suspend the sentence being served but substitutes it for exceptional reasons.
Court confirmation of the sentence: The ruling was signed by the judges Jorge Gorini, Rodrigo Giménez Uriburu and Andrés Basso, who further ordered the summons to appear in person at the courthouse to be relinquished.