Judge Bava is in a position to define the procedural status of the former president Photo Fernando Gens
Judge Bava is in a position to define the procedural status of the former president. Photo: Fernando Gens

The surrogate federal judge of Dolores, Martín Bava, was confirmed this week at the head of the case in which it is investigated whether the government of Mauricio Macri spied on the relatives of the crew members of the submarine ARA San Juan and it is expected that in the next few days Define the procedural status of the ex-president.

The news that Bava had been confirmed by the Federal Chamber of Mar del Plata reached the former president while visiting Saudi Arabia, a trip that was authorized despite a ban on leaving the country that was imposed on October 1. , when they summoned him to inquest.

With the failure of his second attempt to challenge the judge who investigated him, Macri is now betting on taking the case to the Buenos Aires federal courts, located on Avenida Comodoro Py 2002, where he presented an injunction, according to judicial sources.

Macri’s defense made that move on October 19 -a day before challenging Judge Bava for the first time- through a claim that he presented before the court headed by Ariel Lijo, where the former director of the Agency had already appeared before. Federal Intelligence Agency (AFI), Gustavo Arribas, with a similar attempt.

Arribas head of the AFI during the macrista administration was the first to request the pass of the case to Comodoro Py
Arribas, head of the AFI during the Macrista administration, was the first to ask Comodoro Py to pass the case.

Both Arribas and Macri deny having committed crimes, but maintain that if there is something to investigate, it is up to Comodoro Py, because the headquarters of the national government and the AFI are in the City of Buenos Aires.

Arribas made the proposal in the framework of the case in which the actions of the AMBA bases of the AFI are investigated during the Macri government, -a file that made it possible to find the documentation- and although Judge Lijo did not make room for him , “ex-senor 5” (as the AFI holders are called) got the judge of the Buenos Aires Federal Chamber, Martín Irurzun, to endorse him.

Macri’s proposal was received by Judge Lijo, who brought a hearing to the prosecutor Franco Picardi and the representative of the Public Ministry said that before making any decision, it was necessary to wait for what the Chamber of Mar del Plata would decide, in relation to the place where which must process the file of the AMBA bases that, at least for now, remains in the hands of Judge Bava.

In the coming days, the magistrate, who replaces the court in which Alejo Ramos Padilla served (today the federal judge of La Plata with electoral jurisdiction), will have to decide whether to dismiss, prosecute or dictate the lack of merit to the former president.

Macri seeks to bring the cause for the espionage of relatives of Ara San Juan to Comodoro Py Photo Fernando Gens
Macri seeks to bring the cause for the espionage of relatives of Ara San Juan to Comodoro Py. Photo: Fernando Gens

Sources close to the investigation estimated – in dialogue with Télam – that the decision will occur when Macri is already in Argentina, given that he was authorized to leave the country until November 25 and there are ongoing test measures that will conclude that the same day.

The former president is charged with espionage maneuvers because, as head of state, he was responsible for setting the strategic guidelines and general objectives of the National Intelligence policy, according to the intelligence law, it was sustained when he was summoned to an investigation, in a resolution that signed Bava on October 1 last.

In addition, the Justice suspects that the ex-president relied on reports prepared by the AFI to be able to know in advance the claims that the victims’ relatives would make to him and that some State agency may have used the information to find out with whom they were linked.

In the case opened as a result of a complaint by the Federal Intelligence Agency inspector Cristina Caamaño, the former AFI officials Gustavo Arribas and Silvia Majdalani are also on trial.

Photo Candelaria Lagos
Photo: Candelaria Lagos

Judge Bava is in a position to resolve Macri’s procedural situation from the same day his investigation was made, but he has not done so yet because, among other things, after that procedural act he ordered a series of evidence measures that requested the defense of the former president as part of his strategy.

In this sense, the judge collected the testimonies of the former Minister of Defense of the macrismo Oscar Aguad; the former Secretary General of the Presidency, Fernando de Andreis; and the former heads of the José Yofre Military House and the Presidential Custody, Alejandro Cecati.

For the complaints, the statements of Cecati and Yofre were positive in terms of the accusation because they would have confirmed that the alleged collaboration between the Federal Intelligence Agency (AFI) and those areas for reasons of presidential security, invoked by the defense of the former president, did not it would justify none of the alleged acts of espionage listed in the file.

As Télam was able to reconstruct, this collaboration was linked to the detection of possible escape routes for the president in the framework of his acts and meetings, with the signaling of possible roadblocks and with issues related to the weather, but in no case did it enable the AFI carry out intelligence tasks with people with whom the president was going to meet.

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