Argentine Supreme Court Poised for Surprise Ruling on Cristina Kirchner's "Vialidad" Conviction

Key Takeaways

- Argentina’s Supreme Court is expected to imminently deliver a “surprise” ruling on former President Cristina Fernández de Kirchner’s 6-year “Vialidad” corruption conviction, with judicial sources indicating a rejection of her appeal.

- Adding to the tension, a judge involved in Kirchner’s initial conviction recently inspected a potential detention facility, even before the Supreme Court’s definitive decision.

- The high-stakes legal process is unfolding amid allegations of political proscription by Kirchner’s supporters and is intertwined with separate investigations into alleged illegal intelligence operations targeting judiciary members.

Argentina’s Supreme Court is reportedly on the verge of announcing a definitive ruling on the corruption conviction of former President Cristina Fernández de Kirchner in the high-profile “Vialidad” case. Judicial sources indicate the decision, expected to reject her final appeal, could come “surprisingly” any day now, with the Court deliberately avoiding setting a specific date to prevent external pressures. The ruling holds immense political implications, potentially confirming Kirchner’s six-year prison sentence and perpetual disqualification from holding public office.

The impending decision is unfolding against a backdrop of intense speculation and controversy. Cristina Kirchner, who currently holds a provincial legislative candidacy, recently had her recusation against Supreme Court Justice Ricardo Lorenzetti rejected *in limine* by the very same three-member panel (Horacio Rosatti, Carlos Rosenkrantz, and Lorenzetti himself) poised to rule on her case.

Adding to the dramatic tension, Judge Jorge Gorini, a member of the Federal Oral Tribunal 2 (TOF 2) which handed down Kirchner’s initial conviction, reportedly visited a Federal Police facility in Palermo Chico. The inspection, according to media reports, was to validate the location for a potential detention, raising eyebrows given that the Supreme Court’s final verdict has not yet been delivered. Gorini, as president of TOF 2, would be responsible for enforcing an effective prison sentence if the Supreme Court upholds the conviction.

Former Supreme Court member Juan Carlos Maqueda, who retired last year, outlined the three main options available to the current three-justice Court. First, if the Court aligns with the interim Prosecutor General Eduardo Casal – who has advocated for applying the charge of “illicit association” and doubling Kirchner’s sentence to 12 years – the case could be sent back to the lower appellate court (Casación) for reconsideration. Second, the Court could issue a swift ruling by confirming the lower court’s sentence under Article 280 of the Civil Procedure Code, a mechanism for quick decisions on common law cases. The third, and most time-consuming option, would be for the Court to deem it a “constitutional” or “federal” case, requiring a more profound study. Maqueda stressed that any definitive decision requires the unanimous agreement of the three active Supreme Court justices.

The “Vialidad” case, which centers on alleged illicit public works contracts in Santa Cruz province, has been a long and complex legal battle, involving 11 judges and prosecutors since the original complaint in 2008. Judicial sources emphasize that it is a criminal matter, not a “political case” as characterized by Kirchner and her allies. Maqueda echoed this sentiment, asserting that the judiciary operates on its own timeline, independent of electoral calendars, despite accusations from the Kirchnerist camp of an attempt to “proscribe” their political leader.

The case also overlaps with a separate and unsettling investigation into alleged illegal intelligence and hacking operations. Devices belonging to Ariel Zanchetta, a former police officer who claimed to be a journalist, were found to contain evidence of surveillance and data collection on numerous judicial officials (including several judges involved in the “Vialidad” case), politicians (such as former presidential candidate Sergio Massa and former minister Victoria Tolosa Paz), and journalists. This “Dark PFA” hacking case, which also implicated a young hacker named Ezequiel Nuñes Piñeyro and allegedly involved Kirchnerist deputy Rodolfo Tailhade, reportedly drew funding from public advertising. The connections between these alleged espionage activities and the judicial proceedings against Kirchner have fueled claims of a broader campaign against her.

As the July 19 deadline for candidate registration in Buenos Aires provincial elections approaches, the timing of the Supreme Court’s decision remains a critical point of contention, with Kirchner’s allies expressing concern over what they perceive as a deliberate acceleration of the process.

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