The banning of Cristina Kirchner

Everything that Cristina Kirchner said in her defense was what was heard during the three years of testimony from the witnesses, especially those that the prosecution had summoned. The entire allegation of the prosecution contradicts what their own witnesses testified. That is what is truly indisputable and not a story that we have to believe due to a matter of prejudice, as prosecutors and some “independent” journalists or journalists from a Korea that does not exist invite us to do.

This trial and all those that were promoted as political persecution against popular leaders would have to be suspended. Cut them flat because they are full of irregularities such as the notebooks that did not exist or the extortion of witnesses.

I am not a lawyer to provide technical approaches on what is possible or not in that plane. But as a citizen I experienced the way in which political violence was incubated in this country when Peronism was banned after the coup of ’55. And now they are pulling too hard on that same finite thread. The return to that hell that culminated in the coup of ’76 would be the civilizational holocaust of Argentina.

This movie is too much like that other one. Elisa Carrió would become a counterpart to a deranged character who was adored by the cockatoos of Barrio Norte. The Carrió of that time was a psychopath who called himself Captain Gandhi and kept the skull of Juan Duarte, Evita’s brother, in a drawer of his desk. It is not a myth, the guy showed it proudly. He was in charge of investigating the alleged acts of corruption that had been committed during the presidencies of Juan Perón.

All that ideological rubbish, infected with prejudice against the popular sectors, fed the germ of violence. A reaction that was not long in coming. As they had forbidden them to express themselves in a democracy, they expressed themselves in another way.

There were uprisings of loyal soldiers who were shot. There were strikes, and there were repressions, and more protests and more repressions. And takeovers of companies and demonstrations and elections annulled and more protests and a State of Siege. And the bombs started. And there were military coups. And the repression continued with kidnappings and torture. And there were popular insurrections in all the major cities of the country. And there were guerrilla uprisings and there were vigilante groups and more military coups with disappearances and clandestine concentration camps.

Perhaps the experience we live as a generation makes me pessimistic about this grotesque attempt to outlaw Cristina Kirchner and atomize Peronism. The feeling that we return to the starting point is very strong, like the donkey that turns the wheel.

But more pessimistic would have to be those who applaud this judicial offensive by the right. They are summoning old ghosts that will take the pain of everyone, not just the people, their militants and leaders. The right also pays a cost and risks everything. Democracy is always better. If the rules of the game are respected.

I insist. I am not a lawyer and I believe that we are all equal before the law. But if a leader like Cristina Kirchner, who is an indisputable reference for millions of citizens, is going to be tried, the procedures have to be transparent, the right to defense has to be fully guaranteed and there should even be international observers to guarantee that the trial not be infected by the political passions of the situation.

There was none of that in this trial and the others that were set up arbitrarily. The court, Cassation and even the Court rejected all the appeals of the defenses and accepted as good the irregularities committed by the prosecution. Without exception in both cases, this happened with the expert opinion of only five of the 51 works, with the intimate relationship between the judge and the prosecutor that favors the accusation, or with the visits of these characters to the country house of Mauricio Macri, his political adversary and promoter of lawfareor the incorporation of evidence from other causes and that were presented on the last day of the allegation, without giving the defenses time to respond to them.

If the rules of the game are broken, judges and prosecutors are manipulated and information is manipulated to proscribe a massive political force, the social groups that are referenced in that political force will look for other ways to defend their interests and present their ideas. If the rules of the game are broken, democratic coexistence is broken and the future becomes uncertain.

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The banning of Cristina Kirchner