In an unexpected turn, the Chamber's Federal Criminal Cassation Court has declared the prohibition of parole for those convicted of drug trafficking offenses in Argentina unconstitutional. This decision could benefit a total of 14,584 people detained in the country for violations of drug laws.
The ruling, which took place on the last day of the judicial recess, argues that the restrictions imposed by the Penal Execution Law and the Penal Code create inequality before the law and go against the principle of social reintegration. Judge Ángela Ledesma argues that the absolute prohibition of prison benefits for certain crimes contravenes international human rights treaties by not making a distinction between types of crimes regarding the right to reintegration.
Despite this resolution, not all those detained for drug trafficking will automatically receive the benefit of parole. Each case must be evaluated individually, and prosecutor Raúl Pleé has already expressed his intention to appeal to the Supreme Court of Justice of the Nation. Judge Diego Barroetaveña, on the other hand, disagrees, stating that the will of the legislator to tighten the conditions must be respected, supporting the constitutionality of these restrictions.
The impact of this decision could be significant, as it could lead to the release of a considerable group of drug traffickers at a time when the country faces growing concern over drug trafficking in Argentina. This controversial ruling, supported by the majority of judges, highlights the dispute surrounding the "Petri Law," which in 2017 limited access to parole for serious crimes.
The decision of the Chamber of Criminal Cassation to declare the prohibition of parole for those convicted of drug trafficking offenses unconstitutional arises from the case of Carlos Hernán Beati, convicted in 2020 for illegal trafficking of narcotics.
