uman rights groups, UCR, UNEN oppose procedural rules as PRO raises doubts
The government’s push to be able to deport foreigners who are found guilty of a crime earned it some unusual bedfellows yesterday as Sergio Massa’s Renewal Front backed the initiative while human rights groups — and even some right-wing sectors — questioned the move, calling it opportunistic and ill-conceived.
Human rights organizations criticized the proposed new Criminal Procedural Code, which was submitted to Congress yesterday, claiming it would grant more unfettered power to police forces to decide if an immigrant can be deported.
A day after President Cristina Fernández de Kirchner unveiled the new code in a national broadcast, much of the criticism focused on Article 35, which says that if foreigners who do not have their immigration papers in order are caught committing a crime — or if they are facing charges for a petty crime — they can either face trial or be expelled from the country for a period of between five and 15 years.
The Centre for Legal and Social Studies (CELS) — one of the country’s top human rights organizations — yesterday expressed concern that the president appeared to link crime and immigration.
“There is no reason to say that. Statistics show that is not true,” Diego Morales, the head of the CELS legal department, told the Herald yesterday.
According to Morales, the bill does not specify who will be in charge of defining whether an immigrant does not have his or her papers in order: an administrative authority or a judge.
“The idea of suspending a trial is meant to favour those accused of minor crimes in exchange for some form social compensation but this does not apply for immigrants who are thrust into a dilemma: shall they face trial or agree to be expelled from the country?” the lawyer wondered.
Morales also said that the article seemed to be at odds with the law that regulates immigration that was approved during the late Néstor Kirchner’s presidency.
“The law states the country can deny residency permits to those who were convicted in court, which means that there is enough evidence of a crime. Now that they were caught committing a crime seems to be enough,” Morales said.
The CELS representative explained that this will inevitably give more power to police forces, a concern shared by Hugo Cañón, the head of the Buenos Aires Provincial Memory Commission (CPM).
“This measure seems to be a setback because it will give more authority to police, who tend to invent cases to incriminate foreigners,” Cañón told the Herald. “We’ll have to see if the bill includes a regulation to avoid police discretionality,” he said.
The former prosecutor praised the idea of speeding up trials and giving prosecutors a more active role in the investigation but he has concerns.
“This seems to be part of a right-wing narrative aired by Massa and (Buenos Aires City Mayor Mauricio) Macri and recently reignited by Security Secretary Sergio Berni,” Cañón said, adding that the proposal conceals “racist thought.”
On Tuesday night, Fernández de Kirchner said that judges will have to consider the shock a crime produces on society before deciding if an alleged criminal has to be remanded in custody.
“A media campaign can end up affecting people’s rights,” the head of the CPM added.
A very broad front
Senator Ernesto Sanz, the head of the Radical party (UCR) and a presidential hopeful, also criticized the Kirchnerite proposal.
“There is no precedent for a decision like this,” the senator said. Sanz himself filed a bill to overhaul the Criminal Code.
Despite the criticism from the head of the party, Senator Gerardo Morales — the head of the UCR caucus in the Upper House — yesterday said that the party would analyze the bill before deciding how to vote.
Broad Front-UNEN lawmaker Manuel Garrido praised the idea of giving more power to prosecutors but said that the idea of deporting migrants or taking into account the shock on society violated the American Convention of Human Rights.
“The accusatory model is on the cutting edge but Berni’s intervention is tied to another ideological model,” Garrido, a former prosecutor, said.
Civic Coalition leader Elisa “Lilita” Carrió, who is also an UNEN presidential hopeful, yesterday criticized the bill, saying that it was aimed at granting impunity for Kirchnerite officials.
“Leaving the investigations in the hands of prosecutors has a problem: prosecutors are led by a person who does not defend the law but rather the government,” Carrió said in reference to Attorney General Alejandra Gils Carbó.
PRO
Macri’s PRO lawmakers yesterday chose to remain mum on the bill but allies expressed opposition to the measure.
Martín Casares, a member of PRO’s think tank Fundación Pensar, praised the idea of giving a more prominent role to prosecutors but said he was cautious about implementing the reform.
“I find the article on foreigners opportunistic and groundless. If they want to deport somebody, that should be after a sentence is issued,” Casares told the Herald.
That was not his only objection.
“The idea of measuring the shock on society of a crime seems dangerous. It will depend on the person analyzing the principle but I don’t think it will be possible to set objective standards,” he said.
Although Macri did not make reference to the proposal yesterday, in 2010 he said that immigration was out of control and urged the president to implement controls on crime and drug trafficking.
Allies
After blasting the government’s proposed changes to the Penal Code as too lenient on criminals, Massa was supportive of the Criminal Procedural Code bill yesterday.
“We agree with the idea of having tools to expel migrants who commit crimes. We think we have to put an end to judges who release criminals as well,” the leader of the Renewal Front said yesterday.
“We suggested this a year ago and they accused us of being reactionary, fascist or right-leaning. But time showed we were right and showed that we need to be more strict on crime.”
Buenos Aires Governor Daniel Scioli joined presidential arch-rival Massa yesterday by praising the bill.
“Argentina will be on the cutting edge of the judiciary,” the Kirchnerite hopeful said.
Interior and Transport Minister Florencio Randazzo, another Kirchnerite presidential hopeful, backed the reform and accused media of distorting the president’s words.
“Saying that the president is not worried about crime is a dirty trick,” he said.
In Congress
The Senate will start debating the bill on Tuesday. Justice Minister Julio Alak and his number two, Julián Álvarez, will be attending the Justice and Criminal Affairs Committees next week to defend the bill.
Kirchnerite senators Miguel Pichetto, Pedro Guastavino and Rodolfo Urtubey confirmed yesterday their goal is for the full Senate to debate the bill in the last week of November.
buenosairesherald.com