One of the most emblematic figures in Latin America and in her country’s politics, the Vice President of Argentina, Cristina Kirchner, has a meeting scheduled with Justice this Tuesday (6). That’s when the trial of the case in which she is accused of having led an “extraordinary array of corruption” alongside her husband, Néstor Kirchner (1950-2010), when the two governed the country comes to an end.
The process investigates irregularities in the concession of public works. The Argentine Public Prosecutor’s Office claims to have proven the existence of an illicit association, between 2003 and 2015, which had heads of state at the top of its operations. According to prosecutor Diego Luciani, the alleged offenses began during the government of Néstor Kirchner —who presided over Argentina between 2003 and 2007— and continued during Cristina’s term, from 2007 to 2015.
Cristina denies the accusations, and claims that they are nothing more than an attempt at political persecution by the judiciary.
Understand the process, which became known as “Causa Vialidad”, below:
What are the accusations against Cristina Kirchner? The vice-president is accused of leading a scheme to divert funds for roads and public roads in the province of Santa Cruz, in Patagonia —the political stronghold of her and her husband and predecessor in the Presidency, Néstor Kirchner (1950-2010).
In the words of the Argentine Public Prosecutor’s Office, Cristina would be “head of an illicit association and fraudulent management that caused damage to the public administration”.
When did the alleged crimes take place and who are those involved? Another 12 people are also targets of the lawsuit, which focuses on the 12-year period in which the Kirchners held power.
According to the Public Prosecutor’s Office, those involved would have continually diverted funds to Austral Construcciones, a construction company that won 78% of public notices for public works in the province of Santa Cruz at the time. Also according to the agency, irregularities were found in the 51 contracts signed between the company and the government, in the amount of 46 million pesos. Of these, only 27 were completed, and only 3 of them were on time.
Austral Construcciones belongs to Lázaro Baéz, a businessman close to the Kirchners who are also defendants in this lawsuit and convicted in another for money laundering.
What might the vice president face if convicted? Prosecutor Diego Luciani requested a 12-year prison sentence for Cristina. He also asked that she be barred from running for public office for life and that she return 5.3 billion pesos (R$200 million) to public coffers.
Sentences of between 5 and 12 years were also requested for the other 12 accused, including Baéz and former Minister of Development Julio De Vido.
What does your defense allege? The vice president’s defense hits the key that she is a victim of “lawfare” —that is, that the Judiciary, together with the press, pursues her for political reasons. She also accuses prosecutors Diego Luciani and Sergio Mola of being biased.
In a recent interview with SheetCristina compared her situation to that of Lula, who was condemned by the then judge Sergio Moro and by higher courts in Operation Lava Jato but had the proceedings annulled by the STF (Federal Supreme Court) for technical reasons.
How does the population of Argentina position itself in the face of the case? Like almost everything related to the name of Cristina Kirchner, the Argentine people are divided on the issue. Part of the population accuses the vice president of corruption, while the rest believe that she is the victim of persecution.
Popular support for the vice president became more visible after she was the target of an assassination attempt outside her home in Buenos Aires in early September. A day later, around 500,000 people took to the streets to protest the attack. Even living an internal power struggle with Cristina, President Alberto Fernández decreed the date as a national holiday – which was interpreted by opposition leaders as political opportunism.
What are the next steps in the process, and how long might it last? Once the verdict is reached, the parties can appeal to higher courts —the Criminal Cassation Chamber and the Supreme Court, respectively. The latter could rule on the case by 2025.
What are the political consequences of a possible conviction? The process does not prevent Cristina from running for public office in next year’s elections. Even if she is found guilty, she would only lose her political rights when the appeal procedures are closed, that is, when the case reaches the Supreme Court.
Cristina’s own political activities distance her from prison. As vice president, she is now guaranteed parliamentary immunity until the end of next year, when her term ends. To be judged before then by the Supreme Court, Congress would have to vote to impeach her from office — and not only are there not enough votes for that today, but the policy is also the leader of the Senate.
Cristina would still maintain immunity if she applied and was elected in next year’s elections. Although Peronism has not yet defined its candidate, it is possible that she will run for the Presidency or the Senate.
In any case, any conviction would have a strong symbolic value in the upcoming elections. There are still no clear candidates for the 2023 presidential race, but some names are already in the pipeline. On the government side, Peronists are divided between the re-election of Alberto Fernández, the return of Cristina or a name from the new generation; this one mentions Chancellor Santiago Cafiero, linked to the “Albertist” wing, the Minister of the Interior, Wado de Pedro, and the Governor of the Province of Buenos Aires, Axel Kicillof, faithful Kirchnerists.
Is this the only case Cristina responds to in court? In addition to this case, she also faces five other accusations of corruption, related to the alleged use of hotels owned by the Kirchner family, in Patagonia, in a scheme to embezzle public money, illicit enrichment and evasion of foreign exchange. The couple’s children, now deputy Máximo and Florencia Kirchner, are also accused of involvement and could be sentenced to prison.
In October last year, the case in which Cristina was accused of covering up for those responsible for the attack against the Jewish association Amia, in Buenos Aires, which took place in 1994, which left 85 dead and 300 injured, was closed.
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