The Argentine Justice has terms that are not consistent with the usual speeds in the 20th century and much less in the 21st. Although the decision of the Supreme Court of 1930 was quickly enabled with the legalization of the coup d’état of September 6, a succession of institutional coups that reached up to 1982, there have been cases that are not consistent with no global logical time.
ever fernando savater in Buenos Aires and at the Institute of Hispanic Culture affirmed that Justice should be the voice of the victimsit has not been so in the notorious cases of Nora Dalmasso Y Maria Martha Garcia Belsunce. In other words, this has not happened in the 20th century or in the 21st century in Argentina in very specific cases.
And in the 1990s, two shameful events brought the country to mourning: two terrorist attacks, the Israeli Embassy and the one of AMIA through Argentine homes.
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The Supreme Court took the first of them and a special prosecutor’s office the second. The failure of both investigations has been resounding. The Court never clarified anything with respect to the case of the Embassy that remains in the most absolute mystery and with respect to the AMIA the only thing that was clarified is that there were various cover-ups as repeatedly stated by the relatives of the victims who compromise the National State.
To this should be added in the 21st century, the Nisman casewith the addition that the doubtful death of the prosecutor has two absolutely antithetical skills. The first, from the Supreme Court, supports the hypothesis of suicide and the second, from the Gendarmerie, the murder and from there nothing more than silence.
As if this were not enough, we must add the sinking of our only submarine existing after the Malvinas tragedy, the ARA San Juanfound in the deep trench of the South Atlantic with all its trip of 44 argentines lost, in circumstances never clarified and when the only thing that remains firm is the espionage carried out on their relatives for purposes never revealed.
In turn, our Supreme Court acted with past speed to annul a judicial reform promoted in the Legislative Branch, but it takes 14 years to cancel another law on the magistracy council.
And the most recent is a precautionary on the Conflict between the Nation and CABA on co-participationnever resolved by politics, unable to sit down to dialogue and discuss sheets in hand about the true numbers to be confirmed.
The fact that the reforms promoted by the 1994 Constitution, such as those of the Judicial Council and federal co-participation, have not been resolved by politics and have ended up being prosecuted, speaks of the inability of Argentine politicians to study the problems and solve them through the dialogue.
The shortest Court in the world, with 4 members, It is a consequence of having cut it from 9 to 7 and then to 5 members and the inability of the politicians to agree a name to fill vacancies as that of the fifth member, the Attorney General and the Ombudsman.
Consequently Politics incapable of solving simple problems is prosecuted how to make a pipeline to extract the gas, use it in petrochemicals and export it, the second most important deposit in the world and both coalitions each took three years to think about it and begin to solve it while here and now Argentina loses 6000 u$s per minutefor not having solved it in a timely manner.
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And the judicialization has a very serious problem: for the Argentine Justice there are no deadlines and then the solution of the problems languishes lost in the sands of time.
That is an authentic judicial reform must set deadlines for the 21st century to the Justice to solve the cases, not the times of the 19th century; It is not possible for the Court to take two years to sign a precautionary measure and with the number of associate judges and experts that make it up, it cannot make a substantive resolution with forms in hand and numbers of the day, here and now, after two years having studied the case.
This is then a paradigmatic case for a substantial change to the terms without time of the Argentine Justice, which end complicating all federalismin addition to the need for Argentine politicians to work on resolving problems, for which they are paid and not make their inefficiency and lack of skill fall on the Justice.
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