Extremely harsh message from the Federal Chamber against the government over food distribution | “Disastrous situation” “Without human rights guarantees”

After a busy hearing on Tuesday, Chamber II of the Federal Chamber confirmed the precautionary measure issued by Judge Sebastián Casanello, ordering the Ministry of Human Capital to deliver the distribution plan for the 5.9 million kilograms of food collected in the warehouses of Villa Martelli and Tafí Viejo (Tucumán) with details about their implementation and their recipients. Sandra Pettovello’s portfolio had decided not to comply with the proposal and to appeal with the argument that the judiciary cannot intervene in social policies. At the last minute, Judge Casanello signed an injunction in which he warned the Ministry that it had 24 hours to comply and CELS was accepted amicus curiae,

Judges Martín Irurzun, Eduardo Farah and Roberto Boico agreed – although they wrote separate votes – that the distribution should be done quickly because the food emergency and human rights are at stake and that all products should be covered, not just powdered milk. ended, as Casanello had arranged. This motion supports the magistrate’s initiative to “prevent the occurrence of a crime or its effects”. According to the document, it is clear that the investigation will have to determine whether Pettovello and / or other officials have committed the crimes of abuse of authority, violation of the duties of the position and / or fraudulent administration by suspending the supply to the dining room and picnic area despite the food being stored.

What did the judge order? On the one hand: “Details of the current stock of stored food (…) including the type of food, and the receipt and expiration dates of the goods”; “entry and exit records of goods from December 2023 to date”; “administrative files in which the acquisition of the stored food has been processed, along with all other related actions and/or documentation.” They completed almost all of this. From there it emerged that the milk was about to run out and that the vegetables had expired along with the rice. But Casanello also “tasked the Ministry of Human Capital to develop a distribution plan based on the type, quantity, expiration date and target group of said food.” He gave them 72 hours. He left the design of the strategy in the hands of the portfolio.

One of Judge Farah’s votes says that it should now take Human Capital no more than 24 hours to comply. Casanello took that reference and informed Pettovello: “Please comply with the 24-hour period provided to the head of the ministry to comply with the court order.” He also demanded that they hand over the administrative files, which they have not done so far. These decisions are in line with the claims of leader Juan Grabois (Argentina Humana), who was the author of the complaint in February when the ministry cut food aid, and on behalf of the complaint of the El Amanecer de los Cartoneros civil association.

Food emergency

“It cannot be argued that we are in the presence of an unjustified intervention of justice in areas that are the exclusive competence of another State body: the State’s policies on food security are not in discussion, but, simply and simply, what were the illegal actions of public authorities that further aggravated the catastrophic situation in which a significant group of people find themselves who do not have their basic human rights covered,” Irurazun’s vote states. The judges explain “the importance of a preventive measure to prevent the commission of a crime or its effects in relation to objects that, due to their catastrophic nature and the context of the food emergency, require prompt action to prevent the procedural development of the file from making its subsequent access impossible”.

Judge Farah highlighted the Court’s warning about the potential violation of the “right to food” of “deprived sectors”, which is “closely linked to the right to life, dignity and health, which is explicitly recognized in the national Constitution and the treaties governing it. Constitutional constraints”. But he highlighted that Casanello points out that the victims are “flesh and blood people who are socially vulnerable groups and in particular the poorer segments of the population who require special care without delay.”

Non-judicial political decision?

The government considered that Casanello violated the separation of powers and entered the field of government policies that cannot be justified. Judge Farah cited some authors and the Supreme Court to say that there is nothing non-justiciable in it and, in a way, he treated government lawyers who said that, in any case, the issue should be discussed in the administrative litigation jurisdiction. Two amparos are in process, one already registered as a collective process. “If the party really believed that the case was a non-justiciable political matter, no court in the country would have the power to hear the case,” says Farah.

The vote of this same judge indicates that although Capital Humano displays complaints of alleged irregularities in the distribution of food (which it includes to social organizations) it is “more important for the issue under discussion here that the agents of that portfolio publicly announced that they were not going to comply with the court order.” This was marked by legal undersecretary Leila Gianni at the hearing. The chambermaid says that it is clear that there is no question of not being able to comply within 72 hours, since they did not even ask for an extension. The ministry suggested that the distribution of “stored food because it is mainly yerba mate” would not be effective either. “Beyond the greater or lesser nutritional suitability of that product, the evidence of the case (…) shows that a very large percentage of the stored goods corresponds to other products whose utility for the needy sectors is indisputable.”

One of the most compelling paragraphs is the one in which it reminds Pettovello that the Chamber intervened to debate “the primacy of the Fundamental Law and the protection of the basic rights of all citizens” and that it is the guidelines expressed in the case that give validity and legitimacy to our resolution. Therefore, in order for the institutions to function and be respected, the Minister of Human Capital must adjust his procedure to comply with the court order within 24 hours of receiving notice of this declaration. His conduct would constitute the crime of disobedience of a court order (article 239 of the Penal Code), a betrayal of the principles of the republican system, beyond communicating to citizens”.

Crimes and precedents

“This case seeks to determine whether the officials of the Ministry of Human Capital in charge of delivering food to community kitchens committed the crimes of abuse of authority, violation of the duties of the position and/or fraudulent administration by suspending the supply despite the availability of funds for it,” said Boico. He recalled that Prosecutor Paloma Ochoa moved in that direction with various measures and that almost 6,000 tons of food appeared on the way. “The strong claim, even highly adjective, that the judicial branch of the nation would invade the exclusive powers of the executive branch by attempting to enforce state policies related to food distribution to vulnerable groups is not true. It is quite the opposite.” He stressed.

Human Capital recognized the collection, “whose non-existent effect would have no apparent justification” but, the chambermaid added, Argentina must comply with “certain norms regarding human rights to avoid international responsibility”. He reminded that Argentina was condemned by the Inter-American Court of Human Rights in the case “Indigenous Community Members of the Lhaca Honhat Association v. Argentina”, with a verdict that demands the respect of “the rights to a healthy environment, adequate food, water and cultural identity”. He also quoted Pope Francis, who said that the right to food “will only be ensured if we care about its real subject, that is, the person suffering from the effects of hunger and malnutrition”. He quoted, “There is food for everyone, but not everyone can eat, while waste, disposal, excessive consumption and the use of food for other purposes are in front of our eyes. This contradiction is still current.”

Boiko stressed that the government’s fight “has only made it clear that they will not comply with the court order. It is, neither more nor less, a process aimed at undoing the effects of an alleged illegal act. (…) Regardless of the aid program that supported the purchase and its specific recipients, there is no doubt that community kitchens, civic organizations, parishes or any other type of institution are victims of the current food crisis, which poses a national challenge not only to the State in its role as guarantor of basic human rights, but to the judicial branch of the nation itself as the one in charge of ensuring their compliance”.

Complaints

Undersecretary Gianni asked to censure Casanello. To this, the waiters said they did not know the reason but were free to do so. They questioned him as harshly as Grabois, leading to shouts and scorn at Tuesday’s hearing. As for the judges, they were more dedicated to passing bills than to representing a human capital and a complaining association that feeds soup kitchens. For these reasons they reported them both to the Bar Association of the Federal Capital and to the Ministry so that “within the framework of their respective disciplinary powers, they evaluate the demonstrated conduct.”