While preparing his appeal in the Ara San Juan case, Macri could be involved in another spying cause

Mauricio Macri during his presidency (archive)

The ex-president Mauricio Macri in the next few hours he will present his appeal to the prosecution that was handed down this week against him, holding him responsible for spying on the families of the victims of Ara San Juan. His defense strategy is not only focused on the Federal Chamber of Mar del Plata revoking that ruling but also on removing the federal judge from Dolores Martín Bava and that the case finally goes to the courts of Comodoro Py. But while the defense advances, as on a chessboard, in different plays, judicial sources warned Infobae that The former president could soon receive a new indictment with a call for investigation.

The suspicions are not new but they were reinforced after the drafting of the resolution in which Judge Bava prosecuted Macri for espionage and abuse of authority. The terms of his ruling suggest that the judge could now advance a new summons to Macri for the call cause by the AMBA bases, the departments that the AFI had in operation in the province of Buenos Aires and for which the former heads of the macrismo spy center are already being processed Gustavo Arribas and Silvia Majdalani.

“Everything is exposed from the outset in Dolores’s files, which are based on the reports made by the bicameral commission of intelligence agencies that speak of a systematic plan of illegal espionage. The AMBA case began before that of Ara San Juan and, however, progress was made on Macri in the case of the victims’ next of kin, ”they stated in dialogue with Infobae judicial sources. Judge Bava emphasized in his resolution the emotional impact of spying on the victims of the missing submarine. But he himself, in his reasoning, goes back and forth comparing evidence with the AMBA case, where there are 27 people prosecuted.

For this reason, if one were to take different sentences from the resolution of the Macri prosecution, a new accusation could be envisaged against him. “As will be demonstrated in this resolution, the then President of the Nation, Eng. Mauricio Macri, together with the heads of the Federal Intelligence Agency, made possible, generated the conditions, accumulated information, made use of and did not order the cessation of the carrying out intelligence tasks expressly prohibited by law 25,520 and its amendments ”, writes Bava.

Former AFI chief Gustavo Arribas (Charly Diaz Azcue / Senate Communication)
Former AFI chief Gustavo Arribas (Charly Diaz Azcue / Senate Communication)

Here are some examples. “Like what was said in case No. FMP 8580/2020, related to this one, it is observed that for the preparation of these illegal intelligence documents, various sources of information were used. Among these tasks we can see the realization of direct field work, with infiltrations and photographs obtained by the agents that made up the Delegation in question; Likewise, there is the use of ‘cyber-patrol’ techniques (verification of social network profiles of family members), with the corresponding screenshots and the identification of the people seen in the photographs found in the certified profiles. Thus, the documentation found contains patterns very similar to those seen in that file. The form of writing, the content of the documents, the photographs and even the interests pursued, are features that allow us to illustrate how the Federal Intelligence Agency continued to carry out illegal espionage ”, affirms the judge

The ruling states that “it is proven in this resolution how these illegal tasks are framed in a illegal spy system that made possible, used and did not cease the then President of the Nation, in which numerous acts of illegal espionage were developed, among which (figure) the group of relatives of the ARA San Juan ”. Or he underlines “the illegal espionage that took place in a systematic way in the different Delegations of the Province of Buenos Aires, during the years 2016/2017, has been demonstrated.”

Surrogate judge of Dolores Martín Bava (Franco Fafasuli)
Surrogate judge of Dolores Martín Bava (Franco Fafasuli)

“What I intend to do in the next few paragraphs is to illustrate how the facts before us They are not the product of chance, nor are they the result of chance; rather they are part of a much larger illegal espionage structure “, raises the judge. There it is that it highlights how the Chinese boxes originated that allowed the raid that was made in February 2019 in the house of the false lawyer Marcelo D’Alessio. From that cause, the cause was started by the AMBA bases and among the material requested from the AFI by those bases, the information on the activity in the Mar del Plata base appears, where the follow-ups by the Ara San Juan were detected .

“As I said in the resolution of October 1, the connection between both processes is not only given by the similarity in modus operandi with which the actions are developed, but also they are the same actors those who are involved in these illegal espionage tasks and with respect to similar, in this case identical, objectives of illegal espionage, which, as seen in this resolution, are not related to presidential security ”, affirms Bava.

If the judge himself is saying that the processes are the same, one should not be surprised if Bava decides to launch a new summons to investigate the former president, judicial sources that follow the case indicate.

“Extreme knowledge is not required as an intelligence analyst to determine that the recipient of this report is not Arribas, nor is it Majdalani,” says Bava in the resolution of the Macri prosecution. “It is impossible to think that the AFI agents have made this document without a specific requirement to do so”; “I must reaffirm and make it clear that the responsibility for all the facts described exceeds the leadership of the defendants Gustavo Arribas and Silvia Majdalani. Drawing this rough line of responsibility is childish “

The appeal

Macri's lawyer, Pablo Lanusee (Franco Fafasuli)
Macri’s lawyer, Pablo Lanusee (Franco Fafasuli)

The processing signed by Macri will be appealed in the next few hours by Macri’s defense. You have until 9:30 a.m. on Tuesday. It is discounted with the defense will insist on the guidelines that the former president maintained in his investigation: that, as expected, “he forced and distorted the truth” to issue an indictment in accordance with the political games of the ruling party, which was made a “Fantastic story” and that an electoral use was made of the case of “heroes victims of Ara San Juan and their families.”

The intention is for the Federal Chamber of Mar del Plata to revoke the conclusions reached by Judge Bava. That court has had initial attitudes that were well received by the defense of Macri (warn the judge about the terms of his call for investigation, open a hearing for the challenge, revoke the ban on leaving the country for the former president), but in terms reales, at the time of resolving, twice supported Judge Bava when the defense accused him of prejudging his client and acting with partiality.

Now, the defense insists on removing Bava from the Federal Chamber of Criminal Cassation, according to the presentation that the lawyer made on Friday Paul lanusse where he asked to annul the resolution of the Federal Chamber of Mar del Plata.

That court, in charge of the judges Alejandro Tazza and Eduardo Jiménez, has pending since October 30, 2020, more than a year ago, the review of the prosecution that Judge Alejo Ramos Padilla issued at the time against one of the former AFI officials, Pablo Pinamonti, who was in charge of the Directorate of Reunion Province of Buenos Aires; and the former commissioner Ricardo Bogoliuk, who was in charge of the AMBA base in Ezeiza and was arrested as soon as they arrested Marcelo D’Alessio.

But it is not the only incident that the Federal Chamber of Mar del Plata has to resolve in the AMBA case. There, a response is also awaited by the statement made by Silvia Majdalani’s defense in Dolores, saying that this court was not competent to investigate her and that the case should go to Comodoro Py. Meanwhile, Gustavo Arribas’s defense went to the Retirement courts to request that he claim authority over the file. He already obtained there a favorable pronouncement from the chambermaid Martin Irurzun and now the judge Ariel lijo must respond to a claim in the same vein by the defense of Macri in the cause of Ara San Juan.

The pull between Dolores and Comodoro Py is not new. There are resolutions of the Federal Chamber of Mar del Plata to maintain the cause D’Alessio “Provisionally” in the court of the province of Buenos Aires, although the file is about to turn three years old and its elevation to trial is being discussed at this time. In the AMBA case, meanwhile, the Federal Chamber of Mar del Plata did not rule, although it validated its “connection” with the D’Alessio file. The Ara San Juan case was tied to them, due to an appointment error made by the Mar del Plata prosecutor Juan Manuel Pettigiani. It is this scenario of connections that states that if one cause gets the endorsement to go to Comodoro Py, they would all have to pass.

All those involved in these espionage cases have been rejecting the accusations and in their investigations justify that they were authorized to carry out this type of task or followed instructions. And in that sense, it is Judge Bava himself where, in the resolution of the prosecution of Ara San Juan, he recalls that “it is the President of the Nation who has the legal mandate to designate the heads of the country’s highest intelligence agency, what which is received in the national intelligence law ”, even relying on the testimonies requested by Macri’s defense of the Macrista deputy Cristian Ritondo and the auditor of the AFI Cristina Caamaño.

Cristina Caamaño, intervener of the AFI and whistleblower in the cause of espionage to the relatives of victims of the Ara San Juan (archive)
Cristina Caamaño, intervener of the AFI and whistleblower in the cause of espionage to the relatives of victims of the Ara San Juan (archive)

“What has been referred to here is one of the elements that allows us to affirm that Mauricio Macri, from his position as President of the Argentine Republic, could not be oblivious to the facts that are imputed to him. Far from it, the intelligence itself puts the defendant in the role of establishing the general guidelines and political leadership of the entire intelligence system, through which the illegal actions investigated in the proceedings were carried out, in particular, the espionage of the relatives of the crew of the submarine ARA San Juan. Although, as we will analyze hereinafter, their responsibility did not end there, ”writes Bava.

And remember that it was Macri himself who repealed a 2015 decree of Cristina Kirchner that was conducive to “all the illegal espionage actions that are aired here could be carried out without major controls of legality.” The judge cites the words of Majdalani in his investigation where the former official stated that “the task carried out by the Agency was to spy and then analyze whether there was a crime.”

“This recognition of who at the time of the events was the deputy director of the Federal Intelligence Agency,” says Bava, “is expressed within the general and strategic guidelines pre-established by the then President of the Nation, Mauricio Macri. Along these lines, the sanction of Decree No. 656/16 and the repeal of Annex II of Decree No. 1311/2015 with all the limitations that said rule established for the Federal Intelligence Agency, created the conditions that made it possible for these actions to be carried out ” .

Keep reading

Mauricio Macri was prosecuted for alleged spying on the relatives of the ARA San Juan
Mauricio Macri’s strategy in the face of the accusation of espionage on the relatives of the victims of Ara San Juan
ARA San Juan: while defining whether to process it in Dolores, Macri rushes in Comodoro Py the claim of the cause


Leave a Reply

Your email address will not be published. Required fields are marked *