Judge María Eugenia Capuchetti, who is investigating the case for the attack committed on September 1 against the Vice President of Argentina, Cristina Fernández, denied on Tuesday the existence of any "suspicion" on its objectivity, in response to the request for recusal made by the former president.
"My impartiality remains unscathed and has never even been potentially affected, neither in the facts nor in the mind of the undersigned, by the cloak of suspicion that the complaint has tried to spread around my rectitude in the function of judge that I exercise and I will continue to fulfill"wrote the magistrate in a 43-page letter presented before the Federal Chamber.
Now this body must decide if it meets the request of the lawyers of the former president of Argentina between 2007 and 2015 so that Capuchetti leaves the investigation or admits the judge’s brief and continues in the case.
The magistrate pointed out in her brief that "the comparison of the actions fully demonstrates that each and every one of the questions introduced has been investigated and answered"which, in your opinion, "makes clear the framework of impartiality, independence and objectivity" of his performance.
"Here there are no serious or reasonable grounds that support the suspicion of alleged impartiality"indicated the judge, while highlighting "the disqualifications" made against his person are "typical of other fields and distant from the professional practice of law”.
Fernández requested the recusal of the investigating judge in the case for the attack committed against him on September 1 for actions "at least negligent" since "the first day of investigation".
"I share the recusal of Judge Capuchetti in the cause of the attempt on my life, on September 1. Starting on page 7, its irregularities and arbitrariness are detailed, from the first day, when Sabag Montiel’s cell phone was deleted"published this Monday on Twitter.
The published text stated that "Capuchetti is neither objectively nor subjectively impartial"for which reason his recusal was requested and he listed several aspects of the investigation that, according to the complaint, justify the decision.
"A series of purely arbitrary resolutions and the total investigative paralysis have convinced us of a manifest bias against this part"detailed the document that said that Capuchetti was "someone who neither knows nor wants to investigate".
In its 37 pages, the letter detailed elements already denounced in a 3.06-minute video, published last Thursday on Twitter, in which the former president questioned that some testimonies and details of the investigation had not been sufficiently analyzed by the judge.
That video connected two of the three young people prosecuted and detained in the case, Fernando Sabag Montiel and Brenda Uliarte, with members of the Republican Proposal (PRO, center-right), the party of his successor in the Executive, Mauricio Macri (2015-2019), specifically to the deputy Gerardo Milman, right hand and in charge of Intelligence during the management of his former Minister of Security, Patricia Bullrich.
The vice president suffered an attack in the midst of the demonstrations outside her home that occurred after a prosecutor on August 21 asked for her to serve 12 years in prison for alleged corruption in the two periods in which she was president.