Judge Carzoglio, famous for refusing to arrest the Moyanos, was fired for workplace abuse

The jury of the trial that performed the jury against the Avellaneda guarantees judge Louis Carzoglio decided this Thursday unanimously dismissal and disqualification of the magistrate, suspended from office since 2018. Carzoglio had been the judge who intervened in the case against the trade unionists Hugo and Pablo Moyano for alleged fraudulent administration at Club Atlético Independiente. However, the reasons for his withdrawal had nothing to do with this: He had been denounced since 2012.

Carzoglio, 73, was fired at the request of the Law on mistreatment at work, for the causes of “psychological and social mistreatment against the worker” by “continuous and repeated hostility in the form of insults, moral harassment, contempt or criticism”.

In addition, the jury applied the grounds for dismissal provided in provincial law for the prosecution of magistrates, including “Proven incompetence or negligence in the performance of his duties, breach of duties inherent in the position, commission of serious irregularities in proceedings placed under his responsibility or in which he has intervened and the performance of acts of manifest partiality”.

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The decision was made by unanimity. The jury was presided over by the provincial Supreme Court judge Hilda Kogan and comprised of Juntos provincial legislators Ismael Passaglia and Erica Revilla; of the Front de Tous (FdT) Deborah Galan and Maite Alvadoand open space, Walter Carussoand the lawyers Pablo Esteban Perrino, Graciela Beatriz Amione and Jorge Pablo Martinez, from La Plata; Juan Emilio Spinelli, of Necochea, and Pedro Jorge Arbini Trujillo, of San Isidro.

The request for dismissal had been raised by the accuser of Carzoglio, the attorney general of the province of Buenos Aires, Julio Conte Grand. Charges include amparo without a draw, undated search warrants and resolving benefits for inmates of other people’s records.

According to the reasons for the dismissal to which he consented GlobeLiveMedia, recalled the witnesses, declaring “the situation in which the magistrate Carzoglio, -presumably to favor the procedural situation of the defendants-, ordered them to prepare false reports showing the timely fulfillment of the obligations assumed. However, the officials refused to comply with this illegal order – essentially the order to commit a criminal offence”.

According to the complaints that prompted his jury, there are reports of different types of mistreatment. Silvina Salazar She is a lawyer attached to the Supreme Court of Justice -with functions of itinerant lawyer-, and she said that she entered the Judiciary in 2005 and was assigned to the Court of Guarantees no. 9 -precisely because of the intervention of the highest provincial court following the irregularities denounced by those responsible for this judicial power- between 2012 and 2014.

During his testimony, he said that on one occasion, Dr. Carzoglio, in the context of a case that the magistrate had to decide – he thought he remembered that it was a case of usurpation -, after receiving a call from “a politician” from the municipality of Avellaneda, ordered the witness to come to the headquarters of the municipal administration and to count the number of people there, specifying “… if there were minors, if they were with sticks, if they were with weapons, if they were hooded”.

Faced with this order, the lawyer Salazar told the judge of her point of view: that there was no reason to comply with the said instruction and that the case should be resolved with the documents in the file, the also warning that if such action were taken, they could request the cancellation of this order. Before that Carzoglio responded by yelling at him: “If I tell you that you have to leave, you will go”. The woman stood her ground and the judge threatened to report her disobedience to the Supreme Court. His teammates left because they couldn’t stand the screams.

Regarding the improper raids, Judge Kohan expressed in her vote that “theThe evidence collected shows a judge who not only misunderstands the rules and legal regimes that govern competition, but also denounces him as a negligent operator given that due to his own irregular activity, a procedure against a known criminal in the area ended up being falsified” (…) what is even more serious is that the raids that Carzoglio – without being competent – have ordered, have been carried out without determining the day or the hour”.

What’s more: one of the raids took place at the bar: “It was clearly a political dispute which was addressed to certain magistrates ready to put the exercise of public coercion at the service of these interests.Judge Kohan held.

Carzoglio’s lawyer, Diego Raidán, announced that will appeal the jury’s decision to the Supreme Court of Buenos Aires. It is that the now ex-judge maintains that his dismissal is linked to his refusal to arrest Pablo Moyano in 2018, in a fraudulent administration case against Club Atlético Independiente.

The truth is that the jury against him has begun. “We trust the jury and we believe that, if there is justice, we will emerge victorious,” he told the Telam news agency this week. After the testimony of 85 witnesses – including 55 proposed by the defense – the jury had to decide whether to return the judge to the position from which he had been stripped in 2018, or if he was removed from his post. He voted for the second option.

“Misconduct and therefore ‘poor performance’ arises from acts performed by the accused when, on the one hand, used his power as head of a court to rape his staffso as to frame their conduct within the terms of the Provincial Workplace Violence Act 13,168 and on the other hand, where in a clear presumption of ‘abuse of power’ used the said jurisdictional power for the falsified subscription -for forgery- of a public document (in the face of the iron refusal of the civil servants and the officer of justice”, he was maintained in the reason for his dismissal to which he consented Infobase.

“We are surprised that there was a unanimous vote, but we will appeal the resolution and we will continue to fight within the legal framework,” Carzoglio said. “What happened is very serious, with me they will not be able. We are going to fight it. We are going to go to the Supreme Court of the province of Buenos Aires”, advanced the dismissed magistrate. “The jury did not understand. Unanimity catches my eye, there may not have been a difference of opinion,” he noted in journalistic statements after learning of the decision.

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