Detailed report of illegal spying on lawyers and detainees linked to Kirchnerism reached the UN

As he could know Ambit, the lawyer for Amado Boudou and others imprisoned during the Cambiemos administration sent a note to the Swiss office of the Space Rapporteur, Diego Garcia Sayán, to report on the findings revealed by this means in the last 48 hours.

Ámbito revealed that Mauricio Macri’s Federal Intelligence Agency (AFI) spies intercepted a total of 220 calls between lawyers and their defendants, all housed in the IRIC module of the Ezeiza prison, at the beginning of 2019.

Until now, as detailed in this newspaper, 4 boxes were collected with information from the tapes that were part of the cause. “Operative Puf”, at the request of the court in which the illegal espionage that was investigated in Lomas de Zamora was located. However, it remains to reveal the content of two additional boxes that are part of the test, together with the recordings made by the AFI of the Pavilions A, C and D of the Federal Penitentiary Complex of Ezeiza.

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In this frame, Rúa repudiated the illegal espionage that he suffered with his clients, exposed to the UN the telephone numbers, the dates of the punctures and the number of discs irregularly recorded with private conversations, according to each interception in each Pavilion.

In the list of victims the illegal capture of conversations appears Enrique Blaksley, Juan Pablo Schiavi, Claudio Cirigliano, Natividad Terán, Marcelo Calderón, Eduardo Bernardi, Alionzo Rutillo Ramós Mariños, Fabián De Sousa, Osvaldo Giacumbo, Roque Cirigliano, Cristóbal López, Darío Maximiliano Cuello and Ricardo Jaime, among others.

In the note, the lawyer incorporated the repudiation of the Public Bar Association of the Federal Capital, from Argentine Federation of Bar Associations, from Provincial Commission for Memory and of the General Defender of the Nation.

Although Rúa made the latest discoveries available to the UN office, he has been providing key information since June 7, 2019. In turn, he considers that not all the material came to light and that there is more to know. “It is reiterated that this severe finding is linked only to a well-limited time of the total in which the illegal interference of confidential communications between the detained persons and their lawyers took place. And it still remains to certify all situations of violation of rights “, warned.

Rúa recalled that the Human Rights Committee is in charge of interpreting the International Covenant on Civil and Political Rights, which guarantees in its article 14.3.b) the “right to communicate with a defender of their choice” and the right of the accused to “To defend himself personally or to be assisted by a defender of his choice and to communicate freely and privately with his defender.”

“The right to communicate with the defender requires that the accused be guaranteed prompt access to his lawyer. Lawyers must be able to meet with their clients in private and communicate with the accused under conditions that fully guarantee the confidentiality of their communications “, the lawyer quoted in his writing.

Along these lines, he stressed that the UN Special Rapporteur on the Independence of Magistrates and Lawyers is the specific area created to protect such rights and that the right of detainees to maintain confidential communications with their lawyers is also protected by the Minimum Rules for the Treatment of Prisoners – “Mandela Rules” – of the United Nations General Assembly.

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Diego García Sayán, head of the Office of the Special Rapporteur of the United Nations Human Rights Council on the Independence of Magistrates and Lawyers.

Diego García Sayán, head of the Office of the Special Rapporteur of the United Nations Human Rights Council on the Independence of Magistrates and Lawyers.

He also stressed that the Principles and Good Practices on the Protection of Persons Deprived of Liberty in the Americas, of the Inter-American Commission on Human Rights, establish as Principle V that “Every person deprived of liberty shall have the right to defense and legal assistance, appointed by himself, by his family, or provided by the State; to communicate with his defender in a confidential manner, without interference or censorship, and without delay or unjustified time limits, from the moment of his capture or detention… ”.

Alejandro Rúa insisted that the denounced illegal espionage represents “such an unprecedented impact on the work of lawyers” and “constitutes an important setback in terms of the recomposition of constitutional rights and republican institutionality that the entire society has been pursuing since the return to law. democratic life in our country ”.

And for that reason, he again requested the Rapporteurship to intervene so that “Make an urgent appeal to the authorities of the Argentine State for the illegal espionage maneuvers to the detriment, among other things, of the independence of the lawyers.”

The lawyer warned with taking this case before the Human Rights Council and finally demanded that measures be taken to avoid further damage. Among the measures, he requested the information referral you have about the violation of rights denounced and destruction of records protected by the confidentiality of the consultations between the lawyers and their clients, and of all those others that have been obtained without legitimacy regarding the illegal espionage activities carried out by the national authorities in the prison units.

It also required the UN delegation to promote and support research “In an effective, prompt, complete and impartial manner”, for “verification of the facts and the public and complete disclosure of the truth” and “the application of judicial or administrative sanctions to those responsible for the violations”, among other aspects of the “adequate, effective and prompt reparation of the damage suffered”, and that a “Guarantee of non-repetition” under the terms of those same UN Principles and Guidelines.

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