Comodoro Py Seeks Support Amidst Budget Cuts and Structural Concerns
As the implementation of the accusatory system in Comodoro Py approaches on August 11, concerns are mounting regarding budgetary constraints and structural deficiencies. According to ámbito.com, despite the national government's commitment, doubts are emerging due to a lack of necessary funds, coupled with vacancies and deficient structural conditions. These issues are fueling rumors of potential mergers and reorganizations aimed at diluting the influence of Retiro's courts.
The Cámara de Casación Penal Federal is scheduled to meet with Horacio Rosatti, President of the Supreme Court and the Consejo de la Magistratura, this Tuesday. The meeting's purpose is to highlight specific problems that impede the implementation of the accusatory system. A draft agreement with seven or eight petitions is being prepared, some directed at the Supreme Court and others intended to shield the judiciary from the Executive Branch and the Consejo.
Casación's Demands
The key points of the agreement being drafted by Casación include:
- Expediting the selection processes to fill vacancies in the federal criminal jurisdiction.
- Requesting the Supreme Court to urge the government to submit pending nominations.
- Reiterating the request for the Supreme Court to provide personnel for the Judicial Office.
- Creating positions for the Judicial Offices of trial and guarantees, including the Economic Criminal jurisdiction.
- Requesting the Consejo to send a technical commission for a comprehensive building survey, including new hearing rooms.
- Managing building security measures.
- Adapting the Tribunales jail (Unidad N°29 of the SPF).
- Requesting the Consejo to provide necessary technological equipment.
- Advancing the transfer of jurisdictional bodies outside the federal jurisdiction.
These demands primarily revolve around securing fresh funds, in addition to those requested by the Procuración General for the implementation of the accusatory system.
Infrastructure Deficiencies
The Comodoro Py 2002 building faces critical infrastructure issues. The electrical wiring is outdated, posing a risk of overloading. The water tank is cracked, leading to constant leaks, and its replacement would require a significant investment. ámbito.com reports that these expenses, along with façade repairs, are estimated at around $800 million.
Vacancies exacerbate the problem. In the Cámara en lo Penal Económico, 4 out of 6 positions are vacant. In the Tribunales Orales Federales, 7 out of 24 magistrates are missing, and in the Penal Económico, there are 4 vacancies out of 7. In the first instance, Comodoro Py has 5 vacancies (out of 12), and Penal Económico has one. This represents a 36% vacancy rate in judges in the Penal Económico jurisdiction and 28% in Comodoro Py. Additionally, there is a shortage of hearing rooms.
Government's Stance
Government officials have assured ámbito.com that the funds for implementing the accusatory system are available. However, they criticized the current administration of Interim Attorney General Eduardo Casal for his management and the salary levels of prosecutors. Casal, in turn, suspects he will be the scapegoat for the accusatory system's challenges in Comodoro Py.
Several prosecutors share similar concerns, citing ego issues and objective shortcomings. They recognize the accusatory system's high cost and the critical role of the «district prosecutor,» envisioned as the most powerful prosecutor in the most politically relevant jurisdiction. They agree that without adequate funding, failure is guaranteed. A seasoned judicial official metaphorically stated, «They are sending us on a safari with lions in a Meari.»
Possible Scenarios and Political Maneuvering
The Executive Branch is currently ruling out supplementing the lack of funds with a federalization of ordinary criminal justice, a project previously reported by ámbito.com. Sources close to Minister Mariano Cúneo Libarona have floated the idea of updating this project, although it has not yet received approval from the relevant sector of the Justice Ministry. The Minister has denied the leak, perhaps to avoid the appearance of favoring his family's law firm.
Within the judiciary, Cúneo is perceived as a generator of agenda, ensuring his continued presence in the government. The accusatory system's August 11 deadline guarantees him a position in the second semester.
According to ámbito.com, a possible merger between the Penal Económico and Penal Federal jurisdictions is being discussed within the framework of the accusatory system, reminiscent of an idea once considered by Alberto Fernández. The Penal Federal jurisdiction would welcome this merger, as it cannot operate the college of judges mandated by the accusatory system. Furthermore, it would gain jurisdiction over money laundering and smuggling cases.
García-Mansilla's Letter and Government Actions
Manuel García-Mansilla's letter to the Senate, driven by frustration, has negatively impacted the government's sponsors. The government's decision to remove Congress from the implementation of the new Code, replacing the Bicameral Monitoring and Implementation Commission with an Interinstitutional Advisory Council, has also raised concerns.
The exclusion of the CANACA (Cámara Nacional de Casación Penal) from consultations has fueled speculation about a potential merger between the ordinary and Federal Casación, diluting Comodoro Py's power. This rumor has gained traction within CANACA, with some suggesting a move to Retiro.
Budget Cuts and Future Implications
The viral video of judicial employees painting offices to meet the deadline, amidst budget constraints, has caused unease among judges. The fact that guarantee judges earn 20% more than magistrates under the old system underscores the financial challenges. The 32% budget cut imposed on the judiciary complicates current operations and makes the implementation of the accusatory system seem unfeasible.
The current situation presents the government with a unique opportunity to reshape the entire penal system, considering the existing vacancies. However, this remains to be seen.
