RAFAEL JUDGE SPEAKS OUT ON HIS TRIAL LARI POLITICAL AND CAMPAIGN IN WHICH THE ACCUSED OF "Guarantor"
Judge Rafael Sal Lari, 40, twenty working in the judiciary of the province of Buenos Aires. Unwittingly, it has become a moving target on the right "tough." The mayor San Isidro, Gustavo Posse, means driving Daniel Hadad, an editorial in The Nation calling for his dismissal. C5N chain is the most straightforward, as alleged by "guarantor". The position contradicts the Constitution, do not care. His inquisitors were based on false stories and interpretations tortuous. Releases unjustified reproach or outliers. We awarded crimes committed by persons released in good law. The charges were presented to the Jury for the Prosecution of the province. It was after ten, were falling inconsistent. Was one, for not having delivered on time and a detainee, a whole irony. The process continues for an alleged delay in a release, as he will say, he provided at full speed. The judge is suspended. Speak calmly, gesturing slightly. Years ago they are hunting, which for years has stood, has written his speech. No surprises question deserves an answer nor modest. The report was conducted in the study of National Radio, the People program on foot. In three quarters of an hour long lasting, Sal Lari remained as cordial as a concentrate, did not prove even a glass of water.
Miño "The cause is the flagship office of his accusers. It was alleged that you excarceló an alleged rapist of his daughter and allowed to reinstate their home with the victim. Clarify that the jury rejected that charge, but tell us how it went.
-The indictment says that not only allowed but forced his daughter to live. That is wrong for two reasons. The first is that the suspect was acquitted in the corresponding trial. She can not even call "alleged abuser." The acquittal occurred before the start of the jury.
"But, when you released, was on trial. He was suspected of a sex crime ...
-Miño was denounced by his wife for sexual abuse against his daughter. The girl was removed from home and placed under protection of the juvenile court. When the mother requires the exclusion of her husband's home, the child no longer lived there. Was guarded by the mother and a judge. The only presentation on the household exclusion was the complaint of the mother. The prosecutor moved that order. I did not say that did not fall, but there was sufficient evidence to solve. I considered that the proposition was premature, never again to seek the exclusion of home. Advanced the cause nor the girl lived in the home. This is important.
"So: The defendant did not return to live with the child.
"No, because the chica no estaba en el domicilio. No había una situación de emergencia. El acusado, finalmente, resultó absuelto. El fiscal desistió de la acusación porque notó que los hechos no habían sido tal cual los había relatado la madre. El fiscal y el tribunal pidieron que se investigara a la madre por falsa denuncia.
–El caso Regis es otro tópico de quienes lo cuestionan. Se trata de un ingeniero que fue asesinado por una persona a la que usted había excarcelado un tiempo antes. Se lo responsabiliza por ese hecho ulterior del reo. ¿Por qué lo había liberado?
–El caso Regis terminó con la condena de dos personas imputadas por el delito de homicidio qualified. The two had been released four months earlier. One for me and one by another judge, who also was reported. I ordered this release because that person had submitted to the law, had requested and was accompanied by documentation indicating that he had work, it was not going to be away from home. In this context decided to grant the release, to undergo the process, but free. The ability to define the opposite is intimately linked with that person is procedurally dangerous, that can leak or not to have the trial or to alter the test, which may lead to witnesses. None of the circumstances was given to exceptional, says the Constitution, you issue a remand. The Public Prosecutor considered that the freedom given to me was right or had been a logical interpretation of the law and not appealed.
"You spoke of" danger to the cause. " "The judge must assess whether a person has the face of dangerous, dangerous-looking? Should or can see, take a look and tell "I can not leave it on the street because it is a dangerous subject?
"No can do. Constitutionally, it would be very difficult to develop criteria by which to make a prediction of dangerousness. Is impossible: no one could start with good reasons why a person in five, ten minutes a day, a month, going to make any advance made avoidable. The law of releases in the province of Buenos Aires was ten amendments. The law in effect at the time resolve the releases, especially, had abolished the possibility of considering a person could commit a crime again.
"The case for which he is suspended, the only thing left standing is González. Interestingly, is credited with unfairly delayed a detainee ordered liberty. What is your explanation?
-I ordered liberty the office was fought for freedom.
- What period elapsed between the Chamber ordered the release and you specifically?
-The case was referred by the House, I think, a Friday at 13.30. At 14 it was done at the office and signed the release order. Was forwarded to the police branch through a fax. In addition, on Monday passed police personnel removed which led to the police station. The judge's job was complete. There was nothing else to control. The judge makes the decision and there are people who are responsible for monitoring compliance.
"So, the court must do so, the police must effectuate, but check these procedures is not a burden after the judge.
"It's a load of the judge. Mainly, it has to do the job and who receives it to the detainee. Then control is the task of the Secretariat of the court. The situation was made known to the Court by the House. Not concealed, corporately. The Court analyzed it and took an administrative decision. Passed a law clerk who was.
-As I understand, was suspended for fifteen days.
-The suspended two weeks.
"The Court assessed the seriousness of that behavior to a very severe sanction. And found her responsible. Now you're suspended for that reason?
"Yes. The trial court knew she had to know more deeply this fact.
- The jury has fixed test audiences?
"Not yet. One of the promoters of the indictment, the mayor Gustavo Posse, made a presentation requesting the nullification of the decision of the jury trial. Not that there was filed in accordance with the ten cases that were more linked to the discourse of "guarantors" (I do not like using that term because it seems pejorative and is not).
"By raising the invalidity, Posse admits, tacitly, that with this single case can not sustain the dismissal.
"Of course. The mayor has my suspension as a triumph. It is paradoxical, because the foundation is the opposite of the cases had as a logo. I was cheered to be tried because a person had been detained for longer than the corresponding. But in reality, they accumulated cases where people were supposedly released too fast on my part.
- Do you have custody, lives more protected than the rest of society, not worried about safety?
"I worry as much as the people who raise those banners, you might not agree with his methods. I have no privileges. Many times I return to my home by public transport, I have no personal custody or in my house, I do not live in a gated community. My daughters go to school in San Isidro, my wife, my brothers, my parents, my friends, play in San Isidro. I am subject to the same feeling of insecurity or reality that all people in the province or in Argentina. I do the same things the rest of society, bike ride with my daughters, I walk, as well as anyone.
- How is the equation of a person not accustomed to a high public exposure to be described as a kind of defender of criminals, rapists releasing a social risk?
"It's complicated. The campaign has been very strong, especially C5N group. With my family and friends is easy, I know. I have also received support from many organizations and people of the Judiciary: Judges Network, the Association of Criminal Thinking, the College of Magistrates and Officers of the Province of Buenos Aires. My job is public exposure, I can be subjected to these views. One would prefer, beyond that it looks good for people to express, which will tell it like it is and then each form their opinion. What I am saying that cases were always documented, the media did not require more than just reading what it was, to report objectively. If after this or that person believed that he felt good or bad, welcome. I do my work, I am controlled by the judiciary. Even di exams to enter higher posts. Neither House nor a Court of Cassation has been beating me. The review I've done well ... people may find it uncomfortable because it has no information.
- What do you attribute this campaign that had an advanced media and as a prosecuting attorney Mayor?
-The campaign explained Dr. Raúl Zaffaroni, of course much better than me. It's something that comes from the U.S.. It is fashionable, is mounted on "garantismo versus iron fist." The mayor Po-sse, I think, was wrong with the request for impeachment. Remember that was a wall separating the supposedly honest people from those supposedly were not. Did not last long ...
-As gifts, what counts is the intention ...
"I think has been your campaign engine. I do not know if the mayor had arrived in the national media with some other subject, beyond the wall. Has gone through all the media as the main promoter of this trial and has capitalized. Mounted on a pain legitimate but others, have used tools that are not of good government. He has an institutional responsibility as mayor.
"It's easier to discuss with a mayor with the victims. What would you say to victims and the Mothers of Pain, which are in question?
"They do not say anything hard. They have gone through a traumatic and I do not know how I would react in such a situation. I like the people who, after going through a traumatic situation, turn their lives to making obras positivas. Entiendo sus quejas, hace más de tres años que recibo críticas y adjetivaciones por parte de las Madres del Dolor y no hemos hecho nada. Tienen todo el derecho de opinar desde el dolor. Me gustaría que describieran los casos tal cual fueron. Con el caso Miño, ellas han dicho cosas que no son ciertas, conociendo que no lo eran. Entiendo: me tengo que someter a lo que dicen la Constitución y las normas. Son dos planos distintos: el del derecho y cómo se resuelve, y el del dolor de las madres.
–Si algún amigo suyo, que no sea abogado, le aconsejara: “Si te toca un sospechoso de floja reputación y te pide la excarcelación, la próxima dejalo adentro”. What do you respond?
-bounded the same example, I would do the same. It falls on the person because it is presumed innocent and because the law so provides. When one begins to explain and put it to that friend in a situation of a person charged, you understand. And choose if was involved in a criminal trial, a judge who respects the guarantees and do not you think the person in front of someone else can make that fact and quit preventively detained.
- Do you think the prosecution has to discipline the judiciary?
"Absolutely. I do not know if the goal of those who promoted it was to discipline the judiciary, but it has produced this effect. The suspension has led to greater involvement in the disciplining and eventually a negative resolution of the case will be much more terrible. We hope, security, that if the court decides according to what the rules say, the case will end in acquittal. But of course, all this process is to discipline the judiciary. Will be aligned with the executive sends the judges will not want (logically) to undergo this procedure. It is exhausting professionally, humanely, anyone going to try to preserve all this.
By Mario and Nora Wainfeld Veiras 
