Olive Festival: they confirmed the validity of the decree that prevented social gatherings in the midst of a pandemic

Stefania Dominguez She was one of the guests at Fabiola Yáñez’s birthday party when the whole country was in the closed phase of the coronavirus quarantine. Domínguez, Yáñez and their partner, the President of the Nation, Alberto Fernandez, they were at the presidential villa in Olivos on July 14, 2020 during the First Lady’s birthday celebration when gatherings were banned and isolation was the only way to prevent deadly COVID-19 infections.

The rest of the guests were Carolina Marafiotti, Sophia Pacchi, Florence Fernandez Peruilh, Dew Fernandez Peruilh, James Basavilbaso, Emmanuel Lopez, Fernando Consegra, Federico Abraham. At that time, it was only possible to circulate with special authorizations, which a good part of those who attended the celebration organized by the couple of the Head of State, who through the DNU had ordered social, preventive and compulsory isolation (ASPO) was lacking to avoid contagion.

All were charged in the case and the president and his partner formulated an agreement for full compensation for the damage caused, which was accepted by the prosecutor in the Fernando Domínguez case and approved by the federal judge of San Isidro Lino Mirabelli. Fernández promised to pay 1.6 million pesos in compensation for the damages and in fact he has already deposited the money in Malbrán Hospital. His partner, the celebration’s birthday girl, also filed what was agreed: 1.4 million pesos. The other defendants also reached agreements to repair the damage. They have all been approved. But the case is not yet closed: an appeal from a plaintiff has reached the Supreme Court of Justice of the Nation. It is believed that when this situation is resolved, Mirabelli will order the dismissal of all defendants.

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Stefanía Domínguez, before proposing full compensation for the damages, had requested that Article 22 of DNU 260/2020 will be considered unconstitutional. This DNU was signed by Alberto Fernández to declare the health emergency. The president himself violated it during the anniversary celebration in Olivos. Stefanía Domínguez claimed the unconstitutionality of article 22 which says: “VIOLATIONS OF HEALTH EMERGENCY RULES: The violation of the measures provided for in this decree will give rise to the applicable sanctions in accordance with current regulations, without prejudice to criminal complaints which corresponds to proceed to ascertain the possible commission of crimes of public action, in accordance with the provisions of articles 205, 239 and concordant of the Penal Code”. Domínguez’s defense argued that it was unconstitutional and therefore the woman who went at the party could not be prosecuted.

His proposal was rejected by Judge Mirabelli, by the Federal Chamber of San Martín and today by Chamber III of the Federal Chamber of Criminal Cassation. The cassation prosecutor Raul Plee he had opposed the claim of unconstitutionality of Domínguez’s defense. the maids Mariano Borinsky and Juan Carlos Gemignani declared inadmissible the appeal filed by the defense of Stefanía Domínguez against the decision of the Federal Chamber of San Martín which had confirmed the constitutionality of article 22 of DNU 260/2020, its extensions, modifications and/or complementary regulations. Thus, the possibility of declaring unconstitutional the proposal of Stefanía Domínguez it was closed.

The DNU that established the conditions of the ASPO is perfectly valid for justice, which was signed by Alberto Fernández, who a few months after having done so, violated it by allowing more than ten people to gather in Quinta de Olivos to celebrate Fabiola Yanez’s birthday.

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