Argentine Supreme Court rules Milagro Sala cannot be held in prison; move to house arrest ordered

[sandensea]

The Argentine Supreme Court ruled today that social activist Milagro Sala cannot be held in prison, and must be returned to house arrest.

The decision upholds a July 28 ruling from the Inter-American Court of Human Rights (IACHR), which had argued her already poor health could worsen should she continue being held in “preemptive custody” in Jujuy’s Alto Comedero Prison.

IACHR rulings are legally binding in Argentina per a 1984 agreement.

Sala, 53, has been in prison since her arrest on January 16, 2016, for “instigating criminal activity and disorder” after setting up camp in front of the provincial government building protesting a decree defunding her neighborhood association, Tupac Amaru.

The arrest was ordered by Jujuy Province Governor Gerardo Morales, a long-standing political enemy of Sala’s.

Although she was cleared of the initial charges a few days after the events took place, Sala has remained in custody since. Further accusations of fraud and extortion were brought against her while she was in prison due to the original charges.

Provincial prosecutors have provided no evidence in nearly two years, however, and both the IACHR and the UN consider her two-year detention to be arbitrary.

The indigenous rights activist had already been granted house arrest on August 31 of this year, pursuant to the IACHR ruling a month earlier. A local judge revoked the benefit on October 14, however, arguing she had broken the imposed rules to her arrest by – allegedly – refusing to undergo medical checks.

Critics point instead to an interview held days earlier in which she criticized the right-wing Mauricio Macri administration - an ally of Governor Morales - for the death of 28 year-old artist Santiago Maldonado while military police forces charged an indigenous protest camp in Patagonia on August 1.

A similar incident on November 25 resulted in the death of 21 year-old Rafael Nahuel, who was shot in the back by the same federal forces.

At: http://www.thebubble.com/supreme-court-milagro-sala-ruling/

Argentine political prisoner Milagro Sala

[Judi Lynn]

1. Milagro Sala was one of Macri's first targets after he was sworn in December 10, 2015.

He was in office one month, 6 days, then had the government seize this indigenous leader, and she has been his prisoner every day since then, without respectable charges. How low can someone get, anyway?

From Wikipedia, regarding Macri's inaguration:

Macri was elected president in the 2015 general elections, defeating Kirchnerist candidate Daniel Scioli. He met President Kirchner at the Quinta de Olivos a few days later. The meeting was focused on discussing the oath of office ceremony. In a part of that ceremony, the outgoing president hands the presidential sash and staff to the new president, as symbols of his presidential authority. Macri said that the meeting was pointless.[1]

A few days later, it was announced that the whole ceremony would take place in the Argentine Congress, arguing that the Argentine Constitution orders that the oath of office must take place there. Macri agreed to make the oath of office in the Congress, but thought that he should then move to the Casa Rosada across the Avenida de Mayo and receive the sash and staff from Cristina at the White Hall, as was traditionally done.[2] He argued that this was called for by presidential protocol. Kirchner allegedly wanted to fill the auditorium of the Congress with her sympathizers, who would jeer at Macri during the ceremony. Emilio Monzó, the incoming president of the Chamber of Deputies, said of the matter, "Historically inauguration day is when the people celebrate the incoming president, not the one who's leaving."[3] The White Hall, a closed hall, had no space for crowds and was not suitable for that purpose. Additionally, Kirchner, in 2007 and 2011, and her late husband Néstor Kirchner in 2003, were sworn in and received the presidential sash and staff in Congress, as was Eduardo Duhalde, who was selected president in 2002 by Congress.[4] Kirchner also associated the White Hall with presidents from Argentina's 1976–83 military dictatorship.
[5][6]
Cristina Kirchner proposed to hold the oath of office in the Congress, leave the sash and staff in there, and leave. This proposal was not accepted.[7] Macri proposed that, if Kirchner refused to attend the ceremony at the Casa Rosada, he could receive the symbols from Ricardo Lorenzetti, president of the Supreme Court of Argentina.[7] Macri and Kirchner talked by phone and attempted to come to an agreement, to no avail. Kirchner claimed that Macri was rude and violent with her, stating that at one point during the call, "I had to remind him that beyond our offices, he is a man and I am a woman, and I did not deserve to be treated as I was."[8] She also went out of her way to remind Macri that "December 10 is not your birthday, but rather the day when you become the president of all Argentines in a democratic system."[8] Incoming vice president Gabriela Michetti cast doubt on her remarks, noting that Macri is a person "whom we've never heard raising his tone of voice".[9]

It was claimed that Kirchnerist organizations announced that they would take violent action against Macri supporters in the vicinity of the Plaza during the ceremony.[4] While these rumors were officially denied within the government, with the security secretary stating that all necessary measures were being taken to prevent confrontations,[10] and by Milagro Sala, leader of the Organización Barrial Túpac Amaru (es),[11] the rumors led to another dispute, as it was unclear who would have command over the police during the event. Judge Maria Servini de Cubría ruled that Kirchner's term of office ceased at midnight on December 10. As a result, Federico Pinedo, the provisional president of the Senate, was in charge of the executive branch in the 12 hours between the end of Kirchner's term and Macri's swearing in.[12] Kirchner left Buenos Aires in order to attend the inauguration of her sister-in-law Alicia Kirchner as governor of Santa Cruz Province, which took place the same day.[13]

https://en.wikipedia.org/wiki/Inauguration_of_Mauricio_Macri

What a shabby, dirty, back-stabbing, vicious man Macri is.

[sandensea]

2. I remember it well.

Macri was a real stinker about it.

Much of the fiasco surrounding the inaugural was caused by his Ecuadorian astrologer, Shirley Barahona (currently on the public payroll), who advised Macri to insist on having it held somewhere other than his predecessor, with a different baton and notary, and at Midnight of December 10.

Argentina's constitution, of course, stipulates that inaugurals should held at Noon and in Congress with all congressmen and senators assembled.

But there was a problem: auspicious Jupiter was 'rising' at Midnight that day (Nancy Reagan, famously, sweet-talked a judge to swear Ronnie in as governor at 2 a.m. for the same reason back in 1967).

The only chance Macri had to get his way, was to make the biggest fuss possible in order to pressure Cristina Kirchner to let him have his way - hence all the fracas.

But it worked: Mrs. Kirchner obliged, and stepped down 12 hours early. The courts, however, insisted that constitutional norms be respected, and Macri was forced to take office at Noon.

And the guy who was actually sworn in as interim president at Midnight, with Jupiter rising? Keep an eye on him: He (Federico Pinedo) was named President of the Senate, and as such would take office if Macri and "Jewels" Michetti are forced out by a crisis of their own making.

The way he's taking on foreign debt, Argentina's going to need all the rising Jupiters and incense in the world to get out of this one.

[Judi Lynn]

3. Didn't know that Nancy was as extreme about her astrology as Macri is!

Never knew she would go that far. Wow.

By the time a President-elect has to reschedule his inauguration to properly address his best signs, it almost sounds as if someone has gone a little silly!

The astrologer actually is socked away on the public payroll. Absolutely bizarre. That one should come from his salary, wouldn't you think?
Wow.

I remember the lady in the wheelchair from some story last year. I can't recall what it was, but it seems it might have been about bringing in jewelry from a European trip without declaring it or something? Memory is really spotty on that one.

I recall thinking at the time I read it that she is really tight with Macri, and has considerable influence.

It was interesting hearing their accents in the video clip. I like hers better than his. Her words are far easier to understand, while he sounds a little mushy!

Thanks for adding the video!