They rule out a sexual situation and request the dismissal of former official Fernando Caviglia. The Judge of Guarantees of Paraná, Eduardo Ruhl, issued a fourth intermission this Friday without specifying the date due to agenda reasons, it was suggested that Friday the 24th, to announce his resolution regarding the request for dismissal made by the defenders, Julio Federik and Miguel Cullen, who assist Fernando Caviglia, who was charged with the alleged crime of Illegitimate Deprivation of Liberty in the context of gender violence. The prosecutor, Delia Martínez, and the plaintiff, opposed it.
Caviglia was charged because “at approximately 3:50 p.m. on July 18, 2023, he was driving a white Toyota Etios at that time, posing as a worker for the UBER Application or rental vehicles, he took Mrs. FGL as a passenger, in the near Suipacha and Galioli streets, in the 1º de Julio neighborhood of Paraná, on public roads; since the woman had previously requested an UBER, through an application installed on her cell phone… “.
The account of the event, which was disputed by the defense because it did not meet the requirements of being clear, precise and detailed as required by the code, added that “consulting Caviglia, if she had the last name L, and if she was heading towards Borruat Street; In this way, the woman, deceived, got into the vehicle, in the back of the aforementioned car, asking the driver to take her to her home; Then Caviglia takes streets and detours towards the west of the city, the woman complaining about this attitude, while Caviglia kept her inside the car, telling her that he was taking her to his own apartment in the Parque Urquiza area, to have a good time there, not allowing the woman to get out of the car…”
The account of the fact that the Prosecutor’s Office intends to be resolved in a trial, included that “all of this until the victim began to record that attitude with her cell phone, as well as calling her partner, DP, which she put out loud, achieving with This caused Caviglia to abandon his attitude and take her to the vicinity of Rondeau and Raúl Borruat streets in Paraná, where the woman was able to get out of the vehicle and request help from the police officer at the checkpoint located there; “All this after being detained for more than 50 minutes.”
Nullities
The defense raised the nullity of the account of the event and asked that it be corrected. He maintained that it was not necessary to establish an extended period but that it could be resolved at the same hearing. The complaint stated that it did not change its hypothesis of the case, but the Prosecutor’s Office objected. The point of conflict was that the defense questioned the inclusion in the story of the disjunctive conjunction or, which made possible the possibility that it was an UBER mobile or another vehicle that provides the service for rent, he reported. APF.
The defense maintained that it was not a minor piece of information because the method of access to the two services is different. In the case of the app, the company provides data on the identity of the driver, his image, the type and model of car, the place where the unit will board and the destination, all of this in order to avoid tricks. The accusations supported their hypothesis that Fernando Caviglia deceived the woman and through that behavior made her get into the car. Ruhl analyzed the issue and rejected the nullity proposal, as well as rejected the one that the defense raised objecting that the alleged conduct is not included in any article of the laws that protect women against sexist violence.
Dismissal
With the annulments rejected and it being clear that there was no situation of a sexual nature in the entire development of the incident, as it was written, the defense urged the dismissal.
The defense maintained that the woman “was never impeded from her freedom,” they pointed out that she was able to get off the vehicle on numerous occasions and did not do so, they even highlighted that when the accused, under pressure because the woman was filming him, insulted him and told him that his The father and her boyfriend were aware of the situation – it was even mentioned that the woman gave the cell phone to Fernando Caviglia so that he could talk to the boyfriend – she told him to get off, but he did not do so and responded “now you are taking me to my house.” ”, which the accused did, leaving her at the door of a police station.
