Anulan el procesamiento de CFK por llevar muebles a El Calafate con aviones oficiales
La justicia hizo lugar a los planteos de la defensa en torno a que el juez Claudio Bonadio, ya fallecido, no podría haber llevado adelante esa investigación
La vicepresidenta Cristina Kirchner tuvo hoy buenas noticias desde Comodoro Py. La Cámara Federal de Casación Penal resolvió hacer lugar a un planteo de su defensa y anular una resolución en donde se había confirmado su procesamiento por el delito de malversación de fondos. El fallo de Casación abre la puerta a que toda la causa quede en la nada porque lo que se cuestiona es que el caso haya sido investigado por el fallecido juez Claudio Bonadio.
Se trata de la causa que se abrió en el marco de la tramitación del expediente de los cuadernos cuando llamaron a declarar a los pilotos de los aviones presidenciales y allí se reveló que se habrían trasladado en vuelos oficiales muebles que habrían tenido como destino los hoteles de la familia Kirchner. En su momento, el expediente se conoció como los “vuelos canillita” porque también se hacían llevar diarios al sur, pero la Cámara Federal entendió que el trasladado de los diarios no era delito: esa información hacía a la función presidencial.
Lo que analizaron ahora los jueces de Casación Alejandro Slokar, Carlos Mahiques y Guillermo Yacobucci fue el planteo de la defensa de CFK no solo cuestionando el procesamiento sino los diferentes presentaciones de nulidad que, según dijeron, no habían tenido adecuado tratamiento. Entre esos cuestionamientos, figuraba que hubiera sido el juez Claudio Bonadio el que denunció el hecho, en el marco de la tramitación de la causa de los cuadernos, y al que luego le tocó investigar la denuncia que él mismo originó.
La defensa comparó que otro fue el criterio del fallecido juez cuando, también en el marco de la causa de los cuadernos, había ordenado extraer testimonios para investigar la conducta de su colega Luis Rodríguez y allí sí se excusó de intervenir diciendo que “lo actuado previamente implicaba ‘una toma de posición respecto de los sucesos que impiden poder decidir que asuma la investigación con la objetividad que debería tenerse’”.
El fiscal Raúl Pleé pidió rechazar el planteo, pero con los votos de Slokar y Mahiques Casación hizo lugar al reclamo de la defensa de la Vicepresidenta. En esa resolución, a la que accedió Infobae, se señaló que “en la anterior oportunidad de actuación de esta Sala fueron advertidas plurales circunstancias que evidenciaban un fundado temor de parcialidad, justificado a partir de extremos objetivos que se presentaban sobradamente acreditados” en la figura del hoy senador Oscar Parrilli, entonces secretario general de la Presidencia.
Sobre el planteo de la Vicepresidenta, Slokar afirmó que “no cabe sino acoger favorablemente el reclamo deducido” frente a que “las circunstancias reseñadas dan cuenta, por un lado, del fundado temor de parcialidad respecto del entonces magistrado actuante, tal como resolvió esta Sala en su oportunidad, impedido desde siempre de haber intervenido en este expediente; y, por otra banda, de una mera respuesta formularia por parte del a quo (la Cámara Federal) a los planteos fundadamente expresados”.
En su voto, Mahiques afirmó que “en la resolución impugnada se omitió dar adecuado tratamiento a la nulidad planteada en torno a la presunta afectación de la garantía del juez natural y de imparcialidad, motivada en la circunstancia de que la presente investigación estuviera a cargo del mismo juez que dispuso la extracción de testimonios que dio origen al proceso. Una respuesta a ese preciso agravio no puede inferirse sin esfuerzo del auto en crisis, ni de los argumentos del a quo orientados a desestimar el resto de las nulidades invocadas. Ello devenía imperativo tanto más cuando, como afirma la defensa, el mismo juez de instrucción se había excusado previamente en otra causa de análogas características, habiendo sido esa decisión ratificada por la alzada ‘a los fines de garantizar el principio de imparcialidad del juzgador que debe regir en todo proceso penal’”. Por eso señaló que “a fin de de asegurar el doble conforme, propongo al acuerdo casar y anular la resolución impugnada y reenviar las actuaciones al a quo para que conozca en la cuestión traída y dicte un nuevo pronunciamiento con ajuste a lo antes pautado”.
En minoría, el juez Yacobucchi dejo asentado que la presentación de la defensa era “inadmisible, al no dirigirse contra sentencia definitiva o equiparable”.
Aunque el fallo ordena que la Sala I de la Cámara Federal dicte otro pronunciamiento dando adecuado tratamiento al planteo de la defensa, el propio fallo podría dejar al borde de la nada toda la causa: Si el juez Bonadio no podía intervenir, todo lo actuado en consecuencia es nulo, resaltaron las fuentes consultadas por Infobae.
No es la primera vez que CFK consigue revertir el curso de sus causas judiciales en Casación. El máximo tribunal penal ya cerró la causa de dólar futuro. Ahora la Sala I de Casación tiene en sus manos decidir si hace lugar a las decisiones que tomaron distintos tribunales orales al cerrar las causas del Memorándum con Irán y el caso Los Sauces-Hotesur.
El caso
La investigación de los vuelos al sur fue activada por Bonadio en el marco de la causa de los cuadernos. Fue cuando avanzaba sobre la hipótesis de dinero al sur y llamó a pilotos de los aviones oficiales a declarar.
Aunque cuando Cristina Kirchner estaba en la Casa Rosada varias notas periodísticas aludían a que se hacía llevar los diarios desde Buenos Aires a Santa Cruz cuando se encontraba en el sur, el tema nunca se judicializó. Pero el caso de los cuadernos llegó a manos de Bonadio que detuvo y procesó a distintos secretarios privados y colaboradores de Néstor y Cristina Kirchner como parte de la asociación ilícita por las anotaciones de Oscar Centeno. En busca de pruebas sobre el transporte de bolsos con dinero al sur, Bonadio citó a los pilotos de los aviones oficiales. Y allí se topó con declaraciones que apuntaban a traslado de diarios y muebles. Eso deparó en otra causa aparte, que por sorteo también le tocó a Bonadio.
La entonces ex presidenta y senadora había sido llamada a dar explicaciones en Comodoro Py por esta y otras causas. En su indagatoria, la ex presidente descalificó las acusaciones. “Esta versión no es novedosa, ya que desde hace años, siempre los mismos denunciantes y siempre los mismos medios de comunicación, vienen repitiendo la misma versión que, incluso para algunos, adquirió el carácter de leyenda. Al igual que el caso anterior, Bonadío interviene ilegítimamente en esta investigación, iniciada en base a supuestas pruebas recabadas en la ‘causa de las fotocopias’”.
Para Bonadio, “los hechos investigados fueron producto del antojo de un funcionario y la condescendencia de otro, y comenzaron a gestarse a partir de la tardanza de un vuelo comercial en el cual se enviaban hasta entonces, lo que perduró con regularidad nada menos que por un período de 12 años. No cabe duda de que, cuanto menos en el caso del traslado de los diarios, Parrilli no solo estaba al tanto de los envíos sino que era quien los ordenaba”. Según planteó, “el destino de los fondos públicos dirigidos al buen desempeño de la función no pueden ser desviados para el cumplimiento de los caprichos de ningún funcionario”.
En noviembre de 2019, la Sala I de la Cámara Federal confirmó el procesamiento de la vicepresidenta por el uso de aviones presidenciales para uso particular cuando ella y Néstor Kirchner estuvieron a cargo del Poder Ejecutivo por haberse hecho llevar muebles y objetos que tuvieron como destino final los hoteles de la familia Kirchner. En la misma resolución, por decisión dividida, se desprocesó a Parrilli. Ahora, esa resolución dictada en aquel momento fue anulada por Casación que ordenó dictar un nuevo fallo, dando respuesta a los planteos de la defensa sobre la violación del principio del “juez natural”.
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