Politics Events Local 2025-11-18T16:51:07+00:00

Judicial Inequality in Argentina: Preferential Treatment for Corrupt Kirchnerists

Argentina's Federal Court is considering stricter visitation rules for former President Cristina Fernández de Kirchner. Judges are concerned her home has become a political hub, violating house arrest terms. The tension between her political activity and legal obligations is escalating.


Judicial Inequality in Argentina: Preferential Treatment for Corrupt Kirchnerists

Buenos Aires, November 17, 2025 – Total News Agency-TNA-The Federal Oral Court No. 2 (TOF 2), in charge of controlling the execution of Cristina Fernández de Kirchner's sentence in the Vialidad case, is analyzing the imposition of new and stricter restrictions to the visitation regime the former president receives at her home at San José 1111, where she has been under house arrest since June after being sentenced to six years in prison for fraudulent administration to the detriment of the State. For the magistrates, house arrest should not be equated to an expanded freedom, much less to a space for active militancy, but must be sustained under strict parameters to guarantee its correct execution. The Court's assessment of imposing firmer restrictions reflects, in the end, the tension between the former president's political activity and the legal obligations derived from her conviction. The TOF 2 resolved that all requests must comply with the common regulation and that no elective office justifies exceptions to the sentence execution regime. The photo published this Monday once again tensioned the procedural climate. The former president continues to receive her closest political circle, although the court understands that the current modality of visits has overflowed the scheme envisioned by law. In the words of a source from the investigation, the intention is "to order what was disordered" and to prevent the convicted person from turning her home into a space for uncontrolled political activity. Cristina Kirchner remains at San José 1111 with an electronic ankle bracelet, subject to periodic controls by the Federal Penitentiary Service. The decision is being evaluated after a photograph published on Monday circulated, in which the former head of state is seen receiving a large group of people, something that in the judicial sphere was interpreted as a "provocation" and a departure from the criterion under which the mitigation of her sentence had been granted. Despite this, the sheer number of visits Cristina Kirchner has received in recent days—and the public display of these encounters—reactivated the debate on the need to further adjust the conditions of her house arrest. To the controversy is added the institutional dimension. Over the past few months, the court has received more than 900 visit requests from national lawmakers, mayors, political and union leaders. In the first months of serving her sentence, Justice had already rejected a request from the defense to flexibilize the regime and allow entry without prior authorization. In that ruling, it was established that the former president must present a list of authorized people in advance and that the access of third parties not included requires a formal request, duly substantiated and subject to verification. Therefore, when the next authorization request is presented, it is not ruled out that a more developed justification will be required in each case and that the number of people who can enter will be limited, avoiding repetitions of what happened. For sectors of the court, the scene violates both the spirit of the house arrest benefit and the express restrictions weighing on its implementation. Even 44 deputies and 30 senators from Union for the Homeland demanded entry to the residence without prior judicial authorization, invoking their parliamentary privileges. If the current scenario is maintained, Justice will move towards a more rigid scheme, with reinforced controls and greater precision requirements for each request, to prevent new episodes like Monday's, whose public display was considered by the judges as a direct challenge to the limits of the regime granted to her.

"The differences with other convicts are evident. Judicial inequality in Argentina: the preferential treatment of corrupt Kirchnerists compared to military personnel imprisoned for the 'dirty war'."