Bajo_cero2
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I really don t have the time to read and follow the subject.
I remember that the relator of freedom of justice of the interamerican comission of human rights made a statement too soon against the proyect. Fishy: she is not impartial, she is argentine and might have some kind of interest on it.
"Normally" she has a low profile job were her work is to write an annual report about improvement or violation of human rights on this subject. It is first time something like this happens.
And i know from inside how does the Comission works.
1) Casación Court. What is it?
You have a judge who normally is bad educated and overwhelmed with work. So the quality of his desicion is poor.
You appeal. You cannot appeal because you disagree with him, you have to eviden that his desicion does not come for applying the law on the case.
For example, if you can get or not citizenship with passport.
But there is something super important: the due process and you cannot fix it at the chamber because they analisys the aplication of the law.
Here is where the Casacion Court improves democracy.
Obe of the biggest issues you can easily find at Courts in Argentina is that the procedure is compliated and slow. And they make it more and more complicated andtil the case is paralyzed when according to the law, the judge has the duty of enacting a sentence in a reazonable period of time.
Judges instead of following the process developed by the Congress, they do whatever, always against you.
And there is no tools to impeach this missbehaviour because:
a) You cannot appeal on that;
b.) The Consejo de la Magistratura works as a shield to protect judges. Here one clarification. The "big family" of the people who work at Court protect each other and they Coup the Consejo de la Magistratura. Some people with zero knowledge and tons of hate can assert that the K owns the Consejo, they are wrong.
The Chamber of casacion has to objectives:
a) You can appeal again on who the law was applied but in asbtract, forgeting the facts of the case. It is super technical.
b.) You can appeal the lack of respect of the due process.
They made this change at the Federal Justice some years ago and even Menem put there awful judges, slowly they quit or they escape (see the trial to Mariano Ferreyra, jejeje) and good jurist occupy the places they deserve.
On the other hand, the casacion Court works enforcing Supreme Court precedents in 90 days intead of 1 or 2 years that the SC delays.
The Casacion opens easily the cases while the SC not.
Regarding the Consejo de la Magistratura. The idea is to by passed the shield that protects corrupt judges like Oyarbide. People is going to vote for them and the blood is going to be renew every 6 years. If judges afraids the jury of impeachment, they behave.
Regards
