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Argentina’s High Court Affirms Alberto Fernández Indictment, Removes Judge Over Impartiality Concerns

The case now moves to a newly assigned judge who will rule on the prosecutor’s request to take it to an oral trial.

Overview

  • Argentina’s Federal Chamber of Criminal Cassation confirmed the formal indictment of Alberto Fernández on aggravated injuries and coercive threats in a gender‑violence case brought by ex‑partner Fabiola Yáñez.
  • The court accepted the defense’s recusation of Judge Julián Ercolini, citing details of a past friendship turned enmity that warranted safeguarding the appearance of neutrality.
  • All previous procedural acts remain valid, including the indictment and evidence measures, as the panel rejected broader nullity claims, a venue transfer bid to San Isidro, and a challenge to a 10‑million‑peso embargo.
  • The file is being sent to the Federal Court of Appeals to designate a new magistrate, who will decide whether to elevate the case to an oral public trial following the prosecutor’s request.
  • The investigation is grounded in WhatsApp messages, photographs, and medical and witness evidence dating back to 2016, and the charges carry a potential sentence of up to 18 years if convicted.