The justice of a country is upside down

We know that the justice system in the country functions very unequally. In addition, there are differences between the federal judiciary, which is dependent on the national judiciary, and the state judiciary. Because of these differences, there are major differences in case law. However, there are some commonalities shared even by those deprived of their liberty in the National Penitentiary Service and provincial penitentiaries. One of these is the attitude towards rapists or perpetrators who are rejected, attacked, isolated and mistreated by both prison service staff and prisoners. This behavior is based on tradition, there is no rule or regulation, it is passed down from generation to generation without being recorded in a document, but it is usually more respected than many of the sanctioned laws or regulations. When it comes to rapists, most of the judicial and penal system is based on this traditional behavior. This does not exclude that there are always exceptions, they are cases in which they are not punished or denigrated and are even granted some permissions and advantages. This happens in the case of the former governor of the province of Tucumán and later national senator José Alperovich, who was denounced by his niece, tried and found guilty of sexual abuse aggravated by the context of sexual intercourse. This rapist is under house arrest, which is not usual for these crimes, which are punished severely. In addition, the house arrest takes place in his luxury apartment in Puerto Madero, the same apartment where he abused his niece. The judge justified the granting of house arrest based on his health problems. However, these do not appear to be serious as he was seen smoking on his balcony and does not appear to be greatly affected. Even these pathologies could be treated in the normal prisons of the Penitentiary Service, as is the case with ordinary prisoners, but he obviously enjoys privileges because he is not an ordinary prisoner, much less a typical prison rapist. In addition, he was allowed to remarry in his apartment and celebrate with an intimate party with 20 guests. Despite all these exceptions granted, he and his wife complained that they were not allowed to have a larger reception. It is interesting to note that although they tried to keep the wedding and its celebration unnoticed, this was not possible. Details emerged, such as the caterer entering through a back door of the building to avoid being seen. Although the entire celebration or party was characterized by the utmost secrecy and discretion, the truth was known and was not denied. The presence of the press around the building, monitoring the movements and talking to the neighbors, witnesses to the various movements that allowed the truth to come to light. This shows the advantages granted to Alperovich, which are very difficult to understand, much less accept. What other prisoners are denied, especially when they are rapists, is contrary to everything Alperovich is allowed. From the approval of house arrest without any real basis by the judge, which violates the norm of isolation, rejection and harshness that characterizes the treatment of imprisoned rapists, to marriage to the party for 20 people, they represent inexplicable and even less acceptable advantages. It is known that poor people are imprisoned more often than those who are rich or who have not only financial resources, but also relationships and ties that help them avoid incarceration. In addition, they suffer higher penalties and fewer benefits. These injustices experienced by poor people deprived of their freedom and in societies as unequal as Argentina’s are becoming more severe. It is striking that the community of politicians and key actors remains silent in the face of these privileges that José Alperovich enjoys, and only a few voices are heard from members of the opposition, whether men or women, denouncing this privilege. The judge’s behavior is also not denounced, as it represents an abuse of office and an unacceptable injustice. The deafening silence across the political spectrum is not only striking, it is also worrying because it points to a flawed and dangerous functioning of the justice system. To paraphrase María Elena Walsh: This judge comes from a country that is upside down…

Of course, this is not the only case of this kind, but that does not make it any less serious and worrying. While prisons are full of poor men and women, often deprived of their freedom for minor misdeeds, those with power and resources, both economically and socially and politically powerful, enjoy benefits and exemptions like those granted to Alperovich, regardless of the severity of the crime for which they were convicted. Justice is neither respected nor valued. The equality of all citizens before justice, not only in access but also in the assessment and punishment of the crimes they commit, is essential. We need a change that ensures and demands responsibility from every member of society, accompanied by a system of evaluation, rewards and punishments that ensures that everyone is judged by the same standards. There is still a long way to go, but it is the responsibility of society as a whole, and to a greater extent those with decision-making power, to accelerate the process of change in order to create a just and egalitarian society that is also more productive and less unequal. And women report all these cases.