Before showing up this week in Rosariothe Supreme Court of Justice of the Nation rejection this Tuesday the resources presented by the leader of the drug gang “Los Monos” Ariel Cantero.
The Court, unanimously, rejected the complaint with which its instance was reached because the existence of a federal matter was not duly demonstrated that enables the extraordinary jurisdiction of the Court. The highest court invoked art. 280 of the Civil and Commercial Procedure Code of the Nation.
On Thursday, all members of the Court will participate in a conference on the “judgment of drug trafficking” in a gesture of support for their local colleagues who have received death threats.
On December 6, 2018, the Oral Federal Criminal Court No. 3 of Rosario had convicted Ariel Máximo Cantero and Jorge Emmanuel Chamorro in a drug trafficking case.
The first one was sentenced toand 15 years in prisonfine and absolute disqualification for the same time as the sentence and legal accessories, as an organizer of drug trafficking, in the modes of transportation, manufacturing and marketing, with the intervention of three or more people in an organized manner, as co-author.
to the second, sentenced to 17 years in prisonn, fine and disqualification for the same time as the conviction and legal accessories, as an organizer of drug trafficking, in the modes of transportation, manufacturing and marketing, with the intervention of three or more people in an organized manner, in real competition with the crime of possession of narcotic drugs for marketing purposes, all as co-authors.
Chamber II of the Federal Chamber of Criminal Cassation rejected the appeals filed by the defense attorneys of those named.
The court recalled that both were the organizers and top managers of an organization dedicated to drug trafficking in the city of Rosario, province of Santa Fe and that, although they were deprived of liberty at the time the investigation began, they continued to direct the activity. illicit use of constant communication with their respective partners, to whom they gave precise instructions on the purchase and sale of narcotics and the making of payments or collections.
Both Cantero’s and Chamorro’s defenders presented extraordinary resources, where they insisted on almost all the proposals already reviewed in the previous stage. They also invoked the doctrines of the arbitrariness of sentences and institutional gravity, and the affectation of the guarantees to the double instance and to the one that prohibits arbitrary interference in the field of privacy.
In another file, the High Court rejected a complaint filed by Gustavo Daniel Duarte.
In the same case “Cantero, Ariel Máximo and others s/ Infringement of Law 23,737” and its accumulated -which had 39 defendants-, Duarte was convicted as co-author of the crime of possession of narcotics for marketing purposes, to a sentence of 4 years. from prison
The defense filed an appeal, which was rejected by Chamber II of the Federal Chamber of Criminal Cassation. This resolution led to the presentation by the defense of the federal extraordinary appeal, declared inadmissible by the same Chamber, which gave rise to the complaint.
The Court rejected the appeal for totally failing to comply with the provisions of decision 4/2007. Ministers Horacio Rosatti, Carlos Rosenkrantz, Juan Carlos Maqueda and Ricardo Lorenzetti warned that the pertinent title page and the copies of the decision challenged by means of the federal extraordinary appeal had been omitted; the federal remedy brief; the transfer foreseen in article 257 of the Civil and Commercial Code of Procedure of the Nation, and the rejection of the granting of the extraordinary appeal, which prevents an analysis of the issues raised.