The Supreme Court firm this Thursday the ruling that imposed on Milagro Sala, leader of the Tupac Amaru group and leader K, The unique sentence of 15 years in prison for two firm convictions in causes for threats, illicit association, fraud against public administration and extortion.
Judges Horacio Rosatti, Carlos Rosenkrantz and Ricardo Lorenzetti considered it “inadmissible” The extraordinary appeal that came by the complaint to the highest court, in which the decision of the Criminal Court 3 of Jujuy was questioned that imposed the sentence of 15 years of prison and absolute disqualification. He is imprisoned 9 years ago, although with house prison and has other open causes.
The first of the causes took place on October 13, 2014. There was investigated by two phone calls from the threatening content room. To the officer who attended him, he told him to restore garments kidnapped to a person close to the leader. when they responded with a negative, the then provincial deputy warned the police: “They are a manga of fags, they will have news because I’m going to put a bomb and I’m going to fly to everyone “. The second call was received directly by the commissioner on his cell phone. “They are an incompetent sleeve, when I put a bomb they will know me. I’m going to shit them, they will know me.”
An oral court had acquitted the leader but on February 15, 2019, the Criminal Cassation Chamber revoked that decision and sentenced it to three years and two months in effective fulfillment for the crime of threats. The Supreme Court of justice of Jujuy accepted defense resources and reduced the penalty to two years. In February 2021, the Supreme Court of Justice of the Nation dismissed the complaint and the conviction was firm.
The second of the causes refers to the file where Milagro Sala was accused of having been head of an illicit association that worked between 2013 and 2015. Through the activities of the Tupac Amaru neighborhood organization, the national state would have been harmed, through the diversion of public funds for the construction of social housing that would have appropriate. For these purposes, the band carried out threats and intimidation to cooperative members of the TUPAC.
On January 14, 2019, the Jujuy Criminal Court number 3 condemned the Chamber to the penalty of 13 years of effective prison and absolute disqualification for the same term. The ruling was firm on December 15, 2022 when the Supreme Court of Justice declared inadmissible the defense’s statement.
In that context, after an hearing, on February 10, 2023, at the request of the Prosecutor’s Office, Jujuy Criminal Court 3 imposed for Milagro Sala the only 15 -year sentence of 15 years for the “high relevance and sensitivity for society” that implied the facts.
The defense questioned that the prosecutor had not properly founded the application of an arithmetic method of the two sentences and assured that this decision was against the principles of resocialization, humanity of the penalties and Pro Homine. He also said that the penalty of two years should not have computed because it was already fulfilled.
On June 1, 2023, the Provincial Criminal Cassation Chamber rejected the arguments, ruled out that the two -year penalty was fulfilled and confirmed the decision, arguing that the proposals around the vulnerability factors such as the age or health of the leader could be carried out before the Execution Judge, who controls the fulfillment and conditions of the convene.
The defense appealed again and the Criminal Chamber of the Supreme Court of Justice of Jujuy rejected the appeal attempted because, he understood that objections only showed disagreement in decisions. Room lawyers arrived at the Supreme Court of Justice of the Nation by means of the complaint. The highest court dismissed the statement and allowed signing the unification of penalties through article 280 of the Nation Civil and Commercial Code.
The Megacausa includes a former governor
In addition, in another appeal, following the opinion of the interim prosecutor Eduardo Casal, the highest court ordered that the Federal Criminal Cassation Chamber Run again on whether another file against Milagro Sala must process in the justice of Jujuy or in the courts of Comodoro Py 2002as four defendants claim.
This is the case known as “La Megacausa” where the Sala, former Governor Eduardo Fellner and former Public Works Secretary José López, for the millionaire device of funds for the construction of social housing is investigated. According to the Jujeña prosecution, to achieve the millionaire fraud, Milagro Sala told With the consent and active collaboration of the then governor of the province, Eduardo Fellnerwho, through the design of a state structure aimed at highlighting the funds that entered the province from Nation, made it possible to carry out the largest fraud in Jujeña history. The fraud mechanics also had the participation of provincial officials and municipal mayors.
According to the requirement of citation at the trial of 2021, “Eduardo Alfredo Fellner, he was erected as the guarantor of the most phenomenal dispossession of public funds that are remembered in this province, already hands of a criminal organization that exercised excessive violence, damage to state property, generated a climate of cognitive anxiety, deep uneasiness, to the jujeño citizens, through the exercise of real violence, with Pretext of representing the interests of the most dispossessed, seized public funds that were destined to the self -management of cooperatives in housing construction. ”
The requirement added: “The fierce violence carried out by Milagro Sala and its organization throughout the provincial territory, violence is consented and propitiated by the then governor Dr. Eduardo Fellner, generated an uneasiness and a generalized anxiety typical of the crime of illicit association. ”In this way, Fellner also prohibited the lack of control of huge monetary flows and structured a formidable mechanism whose purpose was, which was none other and actions of the illegal association led by Milagro Sala, aimed at systematically defrauding the provincial State.
The case was instructed in the Jujeños courts, but since the beginning of the file, former mayors Julio Carlos Moisés, Gabriel Nilson Ortega, Alberto Faustino Ortiz and the notary Claudia Alicia Trenque, charged in the case, claimed the inhibitory of the provincial jurisdiction and that the case passed to the orbit of Federal Justice.
The Federal Court of Jujuy did not make room for the approach. It was argued that the funds were drawn by the national State but received in provincial accounts and the damage reached the provincial State and the recipients of the houses. However, the Federal Chamber of Salta revoked that criterion: it understood that the case should be carried by the federal courts: but not those of Jujuy but those of the Federal Capital. In the case, national officials are also involved, such as José López (former Secretary of Public Works of the former Ministry of Planning) or Germán Levello (former Undersecretary of Urban Development and Housing).
The case was sent by raffle to federal judge Julián Ercolini, who did not accept the competition, criteria backed by Chamber I of the Federal Chamber and Chamber III of the Federal Chamber of Criminal Cassation. The defense arrived at the Supreme Court through a complaint appeal and the highest court decided to run view to the Attorney General.
The attorney Eduardo Casal said that the complaint had to be made, to leave the contested pronouncement without effect and order the dictation of a new sentence. There it was understood that Cassation had eluded responding to the defenses. The Supreme Court, making its arguments of the Procuration, ordered the dictation of a new ruling.
