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Argentina’s Top Criminal Court Upholds Santa Cruz Venue for ARA San Juan Trial

The majority grounded its choice in uncertainty over the high-seas locus and in procedural economy after the case advanced through Santa Cruz courts.

Overview

  • Sala IV of the Federal Court of Cassation, with judges Mariano Borinsky and Gustavo Hornos in the majority, affirmed the Tribunal Oral Federal of Santa Cruz in Río Gallegos as the forum, with Judge Javier Carbajo dissenting for Mar del Plata.
  • The ruling denied requests to transfer the case to Mar del Plata or Buenos Aires/Comodoro Py, despite support for a move from prosecutor Julio Zárate and some victims’ families and defenses.
  • The court held that the implosion occurred beyond 200 nautical miles and that, given the lack of a port of arrival and uncertainty about the crime scene, the tribunal that conducted the investigation should keep jurisdiction to avoid delay.
  • Four senior naval officers — Luis Enrique López Mazzeo, Claudio Villamide, Héctor Alonso and Hugo Miguel Correa — will face charges including breach of duty, omission of duty and aggravated negligent destruction causing death.
  • The investigation ran in the Federal Court of Caleta Olivia and pretrial evidence was offered in Santa Cruz, and no political officials are charged as the trial timeline has not been announced.