El fiscal federal Diego Luciani inició este lunes su alegato en el juicio oral y público por la obra pública de Santa Cruz, que tiene como principal imputada a la vicepresidenta Cristina Kirchner.
“Este ministerio Público fiscal tiene por acreditado que entre los años 2003 y 2015 funcionó en el seno del Estado una asociación ilícita de características singulares. Se trató de una organización que en con una figura de espejo replicó en la clandestinidad un organigrama del Estado. Se trató de una asociación ilícita piramidal que tuvo en su cúspide a quienes fueron jefes de estado y de la que participaron diversos funcionarios públicos que en paralelo al plano legal pero valiéndose de sus competencias prestaron los aportes necesarios ”, aseguró el titular del Ministerio Público en el inicio de su exposición, que se extenderá durante nueve jornadas.
“Al asumir Néstor Kirchner la Presidencia de la Nación y luego su esposa, Cristina Fernández, instalaron y mantuvieron en el seno de la administración nacional y provincial de Santa Cruz una de las matrices de corrupción más extraordinarias que lamentablemente y tristemente se hayan desarrollado en el país. Y cuando digo extraordinarias no es que considere que existe una corrupción ordinaria. Lo extraordinaria radica en las características especiales de la asociación”, continuó.
Diego Luciani, fiscal
Luego de que la Oficina Anticorrupción se retirara del juicio y de que la Unidad de Información Financiera (UIF) pidiera semanas atrás la absolución de la ex mandataria, la Fiscalía representa la única acusación que queda contra Fernández de Kirchner.
El fiscal se manejó en la previa con mucho hermetismo. Solo él y su equipo de trabajo conocen los lineamientos de lo que será su exposición que se dividirá con Sergio Mola, fiscal federal de Lomas de Zamora, que fue designado para este juicio.
El pedido de condena para funcionarios siempre está acompañado con la inhabilitación -en muchos casos es de manera perpetua- para ejercer cargos públicos. Desde el kirchnerismo salieron al cruce de la justicia señalando una potencial condena a CFK busca que no pueda presentarse en las elecciones del año próximo. No obstante, para que eso ocurra una eventual condena debería quedar firme. Lo que implica la intervención, después del juicio oral, de la Cámara Federal de Casación Penal y de la Corte Suprema de Justicia de la Nación.
En la hoja de ruta que trazaron los jueces del Tribunal Oral Federal 2 -a cargo del debate-, Jorge Gorini, Rodrigo Giménez Uriburu y Andrés Basso, la idea es que haya veredicto antes de fin de año. Pero los fundamentos de esa decisión quedarían para el 2023 y recién ahí las partes pueden apelar para que las eventuales condenas sean revisadas por Casación y después por la Corte. Esos plazos judiciales exceden el cronograma electoral del 2023.
En este marco, Cristina Kirchner difundió semanas atrás un video en el que sostiene que su condena ya está “escrita” y “a esta altura, hasta firmada”.
En medio de la interna del Frente de Todos, y de la crisis política y económica, Alberto Fernández respaldó las críticas de CFK: “La Vicepresidenta ha afirmado que en una causa en la que se la enjuicia y en la que el fiscal aún no ha formulado su acusación, su sentencia ya está escrita. Esa afirmación pone en crisis la objetividad del sistema de justicia y la idoneidad moral de los miembros del tribunal”.
En ese contexto político se reiniciará el juicio que es por las presuntas irregularidades en las 51 obras públicas que las empresas de Báez recibieron para la provincia de Santa Cruz. Sobreprecios, falta de capacidad técnica para hacerlas, licitaciones amañadas y el pago total de las obras cuando la mayoría no fueron terminadas. La acusación es por los delitos de asociación ilícita y defraudación a la administración pública. La vicepresidenta está acusada de ser la jefa de esa asociación ilícita.
Junto con Cristina Kirchner y Báez están siendo juzgados Julio De Vido, ex ministro de Planificación Federal; José López, ex secretario de Obras Públicas; Abel Fatala, subsecretario de Obras Públicas; Carlos Kirchner, ex titular de la Subsecretaría de Coordinación de Obra Pública Federal y primo del ex presidente Néstor Kirchner; Nelson Periotti, ex titular de la Dirección Nacional de Vialidad; Raúl Daruich y Mauricio Collareda, ex jefes del distrito Santa Cruz de la Dirección Nacional de Vialidad; y Héctor Garro, Juan Carlos Villafañe, Raúl Pavesi y José Santibañez, todos ex presidentes de la Administración General de Vialidad de Santa Cruz.
Los alegatos comenzaron el 11 de julio con la UIF. Los abogados del organismo del gobierno nacional pidieron la absolución de Cristina Kirchner y de los principales acusados. “Es imposible demostrar la existencia de una organización criminal. Además de las dudas producidas en el debate sobre los sobreprecios, encontramos una absoluta orfandad probatoria al momento de probar una asociación ilícita”, dijo el abogado Leandro Ventura.
La UIF solo pidió condena para los funcionarios de vialidad de Santa Cruz por considerar que incumplieron sus funciones porque informaron que las obras en la provincia estaban terminadas cuando en rigor no fue así. El organismo solicitó un año de prisión en suspenso y dos años de inhabilitación para Daruich, Collareda, Garro, Villafañe, Pavesi y Santibañez. Pero advirtió que el delito podría estar prescripto y dejó en el tribunal esa decisión.
Tras la feria judicial, hoy el juicio se reiniciará con la exposición de Luciani y Morla. Tras sus nueve audiencias empezarán las defensas. Será a fines de agosto y cada una tendrá tres audiencias. Comenzará la de Báez y la de Cristina Kirchner será la sexta.
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