The Civil Association for Equality and Justice (ACIJ) gave a formal presentation Supreme Court calls for the immediate cessation of the functions of a group of judges who, in parallel with their work in the judiciary, constitute the state’s courts Argentine Football Association (AFA). The letter, addressed to the President of the Supreme Court, Horacio Rosatti, warns that this dual function “Violates the current regulation of incompatibilities” and endangers the independence of the judiciary.
The claim becomes even more serious because of the context in which the company presides Claudio “Chiqui” Tapia. The AFA is currently surrounded by legal investigations over complaints alleged front men and concealment of assetsuntil the latest accusation from the debt collection agency ARK for the Misappropriation of tax fundscreating a scenario of high institutional tension.
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The designated judges include Sergio FernandezJudge of the Chamber for Federal Administrative Disputes, which decides on lawsuits against the state. Fernández is the brother of Javier FernandezAuditor General of the Nation and historic judicial officer. Another important name on the list is Nestor Barralwho has served as Federal Chambermaid of San Martín since 2020.
The list of judicial officers with positions on Viamonte Street also includes Martin PelusoHead of the city’s National Criminal and Correctional Court No. 9. It is also mentioned Esteban MahiquesClerk of the chancellery and son of the judge of cassation Carlos Mahiquesa family with a strong presence in the justice system, including his brother John the Baptist, Attorney General of Buenos Aires.
Presides over the AFA Disciplinary Tribunal Fernando Mitjanshusband of Marcela Losardo, former attorney general of the nation. For the ACIJ, the performance of these figures in football associations implies a “Task duplication (Analyze files and impose sanctions) in the private sector, that would be the case banned by Decree 1285/58 that requires exclusive devotion.
In your opinion it endangers them Basic principle of independence which the judges must ensure, creating a gray area that the Supreme Court must clarify. This is because it is a private structure that is being questioned economic and political interests,
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Lack of approvals and “invisible” benefits
The presentation highlights that the rules governing the national judiciary prohibit judges from joining decision-making bodies in civil associations, even if this is not a professional activity. without the express permission of the court. As the ACIJ announced, there is no record of the judges involved having received the permission in question, nor of their performance in the AFA it would be irregular from an administrative perspective.
Another central axis of the proposal is that the “Appearance of impartiality” is affected. This is what the organization claims it is not enough with the honesty of the judges, but also You must appear that way to people. Being part of Argentine football’s circle of power while the institution faces criminal and tax proceedings punishes the public’s trust in justice.
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Finally, the lecture questions the argument that these positions are ad honorem. The ACIJ warned against this The symbolic and material benefits cannot be ignored associated with these privileged positions.
The request is now in the hands of Horacio Rosattiwhich must determine whether it supports this coexistence between the judiciary and the sports management or whether it orders this to the judges give up their positions in football to maintain the integrity of its public functions.
TC/DCQ
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