In the last hours, the Supreme Court of Justice of the Province of Buenos Aires rejected the last formal request that they presented the 8 rugby players charged for the death of Fernando Báez Sosa, occurred during the early morning of January 18, 2020, at the exit of the Le Brique disco in Villa Gesell.
Hugo Tomei, a defense attorney for young people from Zárate, filed a federal appeal on July 19. In the raised he established that their clients were violated the right to be heard during the night of January 19 of last year, the exact moment they were detained. Justice, before their arguments, resolved “deny, as inadmissible, the federal extraordinary appeal deducted by the private defense of Enzo Comelli, Lucas Pertossi, Luciano Pertossi, Ciro Pertossi, Ayrton Viollaz, Máximo Thomsen, Blas Cinalli, Matías Benicelli ”.
In the brief, Tomei demanded that “the immediate cessation of the arbitrary and illegal deprivation of liberty suffered by citizens for whose benefit it was articulated ”. His argument, as he explained to TN.com.ar, is based on young people “did not have the possibility to know reliably the accusation and, consequently, they were denied the right to be heard by an impartial judge ”.
The lawyer pointed out that that night, “to prove compliance with the law, were formalized in minutes that do not reflect the reality of what happened, as well as the prosecution acknowledged that it carried out a joint imputation procedure with the official defense present ”. Then he reiterated: “The Court of the Province of Buenos Aires prevents access to the national instance without addressing the fundamental issue, which has to do with the right to be heard and know the imputation in detail”.
The response of the Court, signed by the judges Hilda Kogan, Sergio Torres, Luis Genoud, Daniel Soria and Roberto Martínez Astorini, detailed that Tomei, in his presentation, “specified that the preventive detention ordered by the judge of Guarantees of Villa Gesell (David Mancinelli) and the confirmation of the Chamber of Dolores, generates international responsibility of the Argentine State for non-observance of agreements with supranational organizations”.
“He also questioned that both the Court of Cassation -as this Court- had avoided addressing the federal issue involved in proceedings in the expedited and fast track of habeas corpus,” they added.
Tomei pointed out “that It is a decision comparable to a final sentence, by restricting liberty prior to the final ruling of the case and requiring immediate judicial protection ”.
“From the first moment we seek that judicial decisions conform to the law according to the facts and these in turn to the evidence available in the process that respects the right of defense in court,” said the lawyer to this medium. And continued: “Without due legal process, there will be no fair decision of the Judicial Power, it will be something similar but never fair. In this and in all cases where the defendants are not heard in the manner provided by law ”.
October 6 will be the last hearing before the start of the oral trial
Last week, the Oral Criminal Court 1 (TOC 1) of Dolores ordered the preliminary hearing of the oral trial for detained rugby players for October 6 and accused of having beaten to death the young man who was 18 years old at the time. This is the technical hearing, known as article 338. There, the parties will meet to refine the evidence and must mention the witnesses who will be called to testify during the trial.
As Fernando’s family continues with their request for Justice, the victim’s attorneys will uphold the request that all defendants receive the maximum penalty for the crime. TOC 1, composed of judges María Claudia Castro, Christian Rabaia and Emiliano Lázzari, detailed that the hearing will begin at 11 at the courthouse.
So much Fernando Burlando and Fabián AméndolaDefenders of the Báez Sosa family, such as Hugo Tomei, were summoned in person. The same for the judges, secretaries and the trial prosecutor, Juan Manuel Dávila. The accused, for their part, will not be transferred and will participate virtually.
“At the hearing there should not be any shocks. Unless they want to surprise us with issues such as those on which our complaints are based. The step that follows is the direct presentation before the Supreme Court of Justice of the Nation, in order to oblige the Judicial Power of the Province of Buenos Aires to carry out a due and legal procedure so that the accused can defend themselves in a manner effective, ”Tomei completed.
The eight rugby players accused of killing Báez Sosa are charged with the crime of “Double aggravated homicide by treachery and by the premeditated participation of two or more people.” The oral debate does not yet have a date, although it could be defined after the preliminary hearings.
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