2×1 Behind the Scenes: How the Supreme Court’s Most Infamous Judgment Was Made | Doubts of negotiations between Mauricio Macri and members of the court

A Statement before the impeachment commission started A veil of how the 2×1 verdict was put together It benefited the oppressor Luis Muina, one of the torturers at the Alejandro Posadas hospital during the last dictatorship. For representatives of the Frente de Todos, the sentence – which led to the largest public demonstration in recent years – was clear. Promoted by Carlos Rosencrantz, who as Supreme Court was closely aligned with Mauricio Macri’s government. And directly Operator Fabian “Pepin” Rodriguez is Simone’s friendConfirmed by one of the legal secretaries working in his office.

Frederick Morgenstern A legal secretary handling criminal cases in Rosencrantz’s office. “The same criminal”, repeated the lawyer who appeared last Tuesday before the commission that assessed that his boss and the other three should be subject to the termination process several times – among other cases, to sign the 2×1 judgment.

He entered the Supreme Court on August 22, 2016, the same day Rosencrantz arrived on the fourth floor of the Dalcahuano Palace and was surprised to ask him to release a list of his employees at the university to the Center for Judicial Information (CIJ). The country where he was trained. Morgenstern spent a long time in the Federal Chamber of Buenos Aires. Martin Irsun, famous for the “doctrine” that allowed Kirchner officers to imprison them without a final sentence. Before devoting himself to law, Morgenstern had a quick stint at Mother University, where he wanted to study journalism.

Exactly a year before arriving at the Court, Morgenstern presented his book “Fraudulent Res Judicata” – which included a foreword by Rosencrantz. Montevideo Street Bar AssociationThe private institution that brings together law courses in the city and always has been Combined with the claims of those challenging the trials for crimes against humanity. The Montevideo Street College pushed the decision to terminate Horacio Rosati as president of the Council of Magistrates.

In an article published in May 2017, a few days after the signing of the Muina ruling, Martin Granowski had already reported in this newspaper that Morgenstern was the proponent of the decision. His appearance at the Political Judgment Commission ended up confirming that.

2 for 1 inside

Although not exempted from it Conflicts due to the concero tone and even the surplus of the legal secretary, Morgenstern’s statement is important, as they evaluated in Frente de Todos. As he himself confirmed, A month after landing at court he began to show interest in the proposals of the oppressors.

24,390 It was then Penitentiary Secretary Esteban Canevari who gave him a list of cases of genocide that claimed to apply the law to them. A regulation was approved in 1994 to deal with prison overcrowding at the time, and what it did was start doubling the number of days an inmate spends in jail if he exceeds two years without a final sentence.

Morgenstern spent a good part of December 2016 and January 2017 on the issue, which demonstrates the interest he and his boss had in wading through a thorny issue.. Before the due time was up, he delivered a report to Rosencrantz in which he analyzed what line the other members of the Supreme Court held. “Dr. When I report to Rosencrantz, part of my reporting has to do with how his colleagues have voted in the past and why ultimately going one way or the other may or may not signal a break in his judiciary’s stability.”, Morgenstern recounted before the deputy counsel Vanessa Chili Who interrogated him.

After that statement, The Legal Secretary went out to look at the votes. He received them from the office of Elena Hayton de Nolasco y de Rosati. Neither jurists found reasons to support the oppressors’ claims. Hyten joined the Supreme Court during Nestor Kirchner’s administration, and he went through the usual question the then-president asked all candidates: Did he think laws preventing genocide victims from being prosecuted were unconstitutional? The judge said yes and voted accordingly. Rosatti, for his part, fought over the unconstitutionality of those regulations that allowed the re-opening of trials against criminals of the past dictatorship when he was Kirchner’s justice minister.

Morgenstern met Hayton alone twice and Rosatti once. He also held meetings with his legal secretaries and Juan Carlos Magueda’s legal secretary. But he found no echo in that vowel. Neither does Riccardo Lorenzetti.

– Is it usual for you or the legal secretary of the committee to meet such ministers in person under those circumstances? Did you meet other ministers for other reasons or issues? asked the vice-chancellor Rodolfo Tailhead.

–Not usualMorgenstern replied.

After a couple of detours, Morgenstern admitted that he had not met Rosatti or Hyten after the 2-1 experience. His answer revealed the exceptional nature of the assembly of the Muiña ruling, which they think of the Frente de Todos. After all the headaches of the ruling party, neither Rossetti nor Hayton were too keen to join Rosencrantz’s crusade for another legal secretary.

Hypotheses

They believe that in the Political Judgment Commission Hyton changed his vote for his term on the court beyond the age of 75. The judge tackled the Macri government, which initially refused to extend its stay in court without appealing the precautionary measure granted to it by Judge Enrique Lavi Pico. After Hyten’s stay, the court signed the “Shiffrin” ruling, ordering all judges to retire at constitutional age.

In Rosatti’s case, official representatives are dealing with the theory that Lorenzetti was only interested in his dismissal. Presiding over the court, two Santa Fe natives are united by an old grudge. That was part of the architecture that put Rosencrantz at the top of the Supreme Court in September 2018, but not slowly or lazily, and then he devised another maneuver to reduce the power he held as president.

During the last hearing, the Chair of the Indictment Commission, Deputy Carolina Gaylord, explained to Morgenstern what their working hypothesis was: That the Macri government was interested in acting in favor of genocide and delaying prosecutions, it went to court to seek executions.. At the time, Macri’s human rights secretary, Claudio Avruz, and the head of the Civic Coalition, Elisa Carrillo, expressed their support for the oppressors’ settlement. There were underground maneuvers by the Cambiemos government so that the Inter-American Commission on Human Rights (IACHR) would receive the bodies protecting the oppressors, while a section of the Church promoted a pro-reconciliation convention. By then, it is no surprise that Macri campaigned on human rights as a “job”. Far from being a revelation, he has repeated it in recent days.

For the Frente de Todos bloc, negotiations with the court were left in the hands of German Karavanov, then Minister of Justice; His number two, Santiago Otamendi; Macri’s chief adviser, Jose Torello, and his friend Fabian “Pepin” Rodríguez Simón, a fugitive judicial operator in Uruguay.

It was “Pepin” who engineered Rosencrantz’s and Rosatti’s visit to court through the appointment of a “commission” that ultimately did not materialize. Morgenstern concluded by confirming what was known: Rosenkrantz and “Pepín” were friendsThat is why the courtier had to excuse himself from interfering in a matter. His frequent communications with Rodríguez Simon meant that Rosenkrantz had to testify as a witness in a case that clamped down on Macrismo to the owners of the Indalo Group, the owner of the C5N channel. .

Beyond the palace secrets, the 2×1 verdict had a strong impact on the victims and their families. A survivor, Gladys Cuervo, told the commission that learning about Muina’s benefit felt like her sternum was being beaten again, as if the Posadas oppressors were holding her hostage.

Zulema Chester – Jacobo’s daughter, who was abducted by Muina and the gang that operated the polyclinic – is optimistic about what will come of the commission. “Expectation,” he says Page 12– Change the court and justice should be done. They will never again try to support the genocidals and the denial must stop because there are 30,000 people.