subjectivity?) Is a local law issue that, in principle, lacks sufficiency to be considered a
federal case.120
(…)
In my view, the appellant does not demonstrate arbitrariness in the determination of
responsibility (...)121.
73.
On December 18, 2007, the National Supreme Court of Justice dismissed the queja filed by
defense counsel, 122 indicating the following:
That the extraordinary appeal, the denial of which is the reason for this queja, is
inadmissible (Article 280 of the Civil and Commercial Procedural Code of the Nation). (...)
Therefore, after hearing the Public Prosecutor, the queja is rejected (...)123.
3.
Case - Romero Feris, Raúl Rolando; Isleta, Jorge Eduardo; Megrim, Manuel Alberto on /
Embezzlement; Ortega, Lucia Placida on/ Embezzlement and use of false documents Capital
74.
On March 9, 2001, defense counsel raised before Instructing Magistrate No. 1 of Corrientes
the exception of lack of jurisdiction and competence,124 on the ground that that the judge selection violated
the guarantee of natural judge provided for by the Argentine Constitution. 125 The IACHR notes that the
documents submitted by the petitioners do not include the decision on this remedy.
75.
On August 6, 2001, defense counsel filed a recusation against the members of Criminal
Chamber no. 2. 126 Defense counsel noted the following:
(...) the members of this Hon. Chamber, intervened during the instruction phase as Court of
Appeal, therefore hearing in appeal the totality of the procedural steps during that stage in
connection with the resolutions adopted by the Instructing Magistrate. Having confirmed the
Indictment Order issued against our client, as well as confirming the corresponding Order to
Proceed to Trial.127
76.
On August 17, 2001, Criminal Chamber No. 2 declared the recusation inadmissible. 128 The
Chamber stated the following:
The challenge must be declared inadmissible. In Art. 59 of the applicable code, governing the
requirements for recusation establish that the party filing the recusation must state among
other elements the grounds on which it is based [Art. 52 of the same applicable code]. The
120 Opinion of the Public Ministry, National Attorney General, September 28, 2007. Annex to the Petitioner’s communiqué
dated July 10, 2008.
121 Opinion of the Public Ministry, National Attorney General, September 28, 2007. Annex to the Petitioner’s communiqué
dated July 10, 2008.
122 Order of the Argentine National Supreme Court of Justice, December 18, 2007. Annex to the Petitioner’s communiqué dated
July 10, 2008.
123 Order of the Argentine National Supreme Court of Justice, December 18, 2007. Annex to the Petitioner’s communiqué dated
July 10, 2008.
124
Exceptions Motion, March 9, 2001. Annex to the Petitioner’s communiqué dated July 10, 2008.
125
Exceptions Motion, March 9, 2001. Annex to the Petitioner’s communiqué dated July 10, 2008.
126
Recusation with Cause, August 6, 2001. Annex to the Petitioner’s communiqué dated July 10, 2008.
127
Recusation with Cause, August 6, 2001. Annex to the Petitioner’s communiqué dated July 10, 2008.
Resolution No. 356 of Criminal Chamber No.2 of Corrientes, August 17, 2001. Annex to the Petitioner’s communiqué dated
July 10, 2008.
128
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