Judge Sabrina Namer, in a sole decision, decided not to count as days of detention the 108 days in which D’Elía was imprisoned in the framework of another case, the alleged cover-up of the Iranians accused of the AI blasting, denounced by the late prosecutor Alberto Nisman.
“The defense request will not have a favorable reception, because Luis Ángel D´Elía has not reached the required time requirement. (.) It is not appropriate to count the time he was detained in the case of the record of the Oral Federal Criminal Court No. 8, sharing in this regard the assessments made by the representative of the Public Prosecutor’s Office “, upheld the resolution.
D’Elía is currently serving house arrest for the taking of the police station in the Buenos Aires neighborhood of La Boca and all prison and psychological reports recommend the granting of conditional freedom.
“Despite the fact that the reports entrusted to the Directorate of Control and Assistance for Criminal Enforcement (DCAEP) and the Interdisciplinary Team expose what they consider to be a good prognosis for social reintegration, conditional release will not be granted,” the ruling maintains.
The defense of D´Elía, led by the lawyer Daniel Albor, had asked for conditional release on the basis of a penalty count that stated that the piquetero leader “had been deprived of liberty for 24 months and 22 days, to which the 108 days had to be added. that he was detained in preventive custody “in the Memorandum case.
The answer was negative: “For the Court to be able to count the alleged period as compliance with the sentence imposed in these proceedings. It does not correspond to the unification of the sentences in which the defendant was finally acquitted or dismissed,” the ruling invoked, citing jurisprudence.
In the Memorandum Case, D´Elía (and no other defendant) was tried and the vice president, Cristina Fernández de Kirchner, today requested the annulment of the file.