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Roses Juan Manuel de

See the full ruling here: Rosas Juan Manuel de s / Criminal Trial (impeachment and 1 - 2 nd and 3 rd tier)

First Instance Prosecutor of First Instance View:

In his view, the prosecutor's first Doctor Emilio A. Agrelo, on September 24, 1859, using indigenous Law of Title 23, Book 8, collection Castellana and the law 11, book 32, line 3 º that impose the death penalty as a traitor who committed the crimes that have been tested Juan Manuel de Rosas, and having completed the necessary procedures by law, the prosecutor asked the defendant in absentia sentencing those laws prescribe.

First Instance Judgement in

Firstly, Judge Sixto Villegas, take note:

1 - Individuals convicted of a different order of Roses including death sentences for alleged crimes. (1 º - Condemned by time and particular case; 2 - Facing indefinite; 3 - Sentenced to death)

He asserts that: "Legal Considerations such convictions, jump from then too terrible of punishments and that laws assigned to presumed offenses. And this too much when it comes to the consummation of the murder, the judge sets even legitimate, motivated by greed or hatred observed in any of the cases described, the major responsibility and civic degradation " no exceptions to the special powers and the sum of public power in 1829 and 1835 was given by the Provincial Legislature, apparently ratified by popular vote in March 1835.
1, because that power was never legitimate source, since it was given by corporations without authority to do so, contrary and exclusive purpose of giving up the province, or by people instead of perfect freedom to the act tremendous ultimate sovereignty lay then under the pressure of military arrogance of the defendant or factious;-and
2 º For even assuming that legitimate the delegation of investment, the amount of delegated power can not matter more than the amount originally invested with the power that society-and societies that are people, especially under the democratic dogma, governments are limited and not only the general principles and requirements for common progress and order, but also primitive private law above man who has everything but not be guilty of acts or omissions prohibited and verified, to exhaust their benefit the right of self defense and not be punished as a last resort but sadly, legitimately established, and to whose perspective was guilty.

For these considerations Rose pleads guilty to the "forces", "wounds" and "homicide" order caused by the victims included in this section, and the defendant states fall within these responsibilities.

2 - For those facing the facts alleged weapons with conditional death, entrusted to subordinates, was called Juan Manuel Rosas responsible for the violence and killings in the above victims, by himself or by his order, and by the transfer of powers to commit them, guilty of "high treason", subject to the responsibilities that the "damage it comes to the earth."

3 - For the shootings in San Nicolas de los Arroyos, 1831, and Middle Creek in 1839, the following citizens, caught the provinces of Córdoba, San Luis, Salta and Santa Fe, says Juan Manuel de Rosas engaged in teaching and punishment that the law 1 st, tit. 2, book of the law P.7 1, tit. 4 lib. 48 of the Digest.

4 - For the persecution, extermination and looting of citizens classified as wild unit, said Juan Manuel de Rosas convicted of "murderer by profession and a famous thief," and fall within the penalties assigned by Acts 15 and 18 tit. 4.6 tit. 5.2 tit. 17 lib. 4 FR, 18 tit. 14, 3 tit. 28 P. 7 and Auto 3 tit. 11 lib. 8 RC


5 - Close the box Judge crimes reported to the following facts of public notoriety, and whose legal proof found in the statements and steps of the process, and public documents circulated by the official press of Roses.

1 - The barbaric tortures applied before the carnage, prisoners of Quebracho, San Cove and Rodeo del Medio, in the Retiro, holy places, military camps, etc.
2 - The mass murder of the venerable old priests Frias, etc. In 1841.
3 - On the 18 year old, Lauren Valdez, a prisoner of war and shot at the headquarters of Retirement in 1842, the child Montenegro 14, executed in San Nicolas de los Arroyos in 1831 for the crime of having accompanied his father, a prisoner sick and slaughtered there, the one Pardito 14, shot in 1840, for bringing a letter and the blind Apolinario Gaetan, run into the Retiro, in 1842, after a long imprisonment, having been accused of indifference.
4 - The sacrifice of Camila O 'Gorman, a young victim of the weaker sex.
5 - The infanticide of her son, matured to the last pluses in her womb.
6 - The mutilation of the victims, whose flayed skin, whose ears tanned, his head bloody, were used as decorations in the halls of the defendant.
7 - The desecration of the bodies, which is ridiculous for sale walking the streets of the capital, or hung-like-Dupui in algaraza wild pitches, while their heads-like-would wake Yané of derision at the foot of the monument to Liberty.
8 - The slaughter of Governors Avellaneda, Espeche and Cubas, ministers and Dulce Gonzalez, General Acha, etc. -Whose heads were placed on roads and ridicule in the public squares of Tucumán and Catamarca.
9 - The sister provinces devastated by hordes under the command of a foreign General, who turned on them the famous oath, dated April 20, 1841 to bathe in the blood of Argentines, germ unfortunate fratricidal bitterness.
10 - Humiliation of the country to the outside, where I first got carried away captive unbeaten home row. (Malvinas year 1833)
11 - Banning citizens, who through fear or corruption, forced the surrender of property, life and honor.
12 - And as if there was more to hurt the earth, the sacrilegious attack on the altars to offer public worship the picture of the criminal right next to the image of God.

He concludes his statement: "I condemn, as I, Juan Manuel de Rosas, the standard penalty of death, as Prehearing aleve;
A restitution of assets stolen from individuals and the Treasury;
To be implemented, obtained his person, the date and time which stated, in San Benito de Palermo, the last outbreak of crimes:
A compensation for damages caused by their crimes;
And pay the costs. "

further states that" as the crimes proven to make this Rose, not a political criminal, but one of those famous criminals who civilized nations do not provide asylum. That the doctrine signaled by advertisers, especially English, is the tacit and general obligation to deliver such offenders enemies of mankind, to the authorities where the crimes were committed "
Order: ofice for the corresponding obtained through the British Government, which treads ground Rosas, the delivery of it. Finishing the sentence
would elevate to the camera: "And for this my ruling, released will rise over time and in a timely manner, and I pronounce a definitive trial, command and signed in Buenos Aires on April 17 of 1800 sixty-one "



Second Instance:
View Public Prosecutor before the Superior Court in its Hall of Crime.

The prosecutor in the second instance was Dr. Pablo Cardenas who fits the crime as follows: Crimes against religion. Crimes against the public. Offences of Officials. Private crimes (against property, against the integrity of the people, against honor the life) requires the same punishment as in the first instance: Death Penalty as a traitor and does so with the following words:

"Whoever was in order, not only beyond death, "desecrating the bodies of their victims, but to the very threshold of life, to break before going to light the existence of the innocent fruit of Camila O 'Gorman. Death penalty.
So justice will be accomplished not only men but also of God on earth! "

Second Instance Judgement

composed the court of second instance, Drs Alsina, Carrasco, Font, Barros Pazos. Who, in a unanimous vote and in accordance with the above and requested by the Special Prosecutor and its foundations, the sentence is approved and consulted upon notification by the edicts of the fugitive, without prejudice to the administration of the podium, a through consultation to Civil Division, if not lodged an appeal. Third Instance


Vista Instance Fiscal Third Fiscal

again is Paul Cardenas, who played in the second instance above, and accordingly requests the approval of the ruling consulted the Chamber Criminal.

Third Instance Judgement in

The court of third instance is comprised of: Francisco de Carreras, Pica, Chambers and Cárcova. The unanimous vote also is condemned while Juan Manuel de Rosas to ordinary death penalty as a traitor, he understands that the return of the stolen property and compensation for damages, must comply with other assets held and have not been included in the distribution of the law of July 29, 1857.

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Siri

Siri

Read the full ruling here: Angel S. Siri

During the Peronist regime, police in the Province of Buenos Aires proceeded to the closure of the newspaper Mercedes, which was operating out without clarifying the reasons why the measure. Consequently, Angel Siri, director and manager of the newspaper, appeared in court claiming violation of their rights of freedom of the press and work embodied in Arts. 14, 17 and 18 of the Constitution
The editor of the newspaper claimed, first, he retired from police custody in the place where the newspaper was printed, and second, to lift the closure imposed. Siri
was filed with the court requesting the police be required to Buenos Aires a report on who had ordered the closure and the rationale of the measure. Requested the report, the Commissioner informed that a warrant had been issued by the "Directorate of Security Police" and that the motive was unknown. In these circumstances, the judge requested reports to the Chief of Police of the Buenos Aires Province, the National Investigation Committee and the Ministry of Government of Buenos Aires Province. All expressed ignore the causes of the closure and the authority that had been available.

judge, interpreting the request of Syria as a writ of Habeas Corpus, did not rise to the same reason that no violation of physical liberty of any person. Having appealed the decision of the court of first instance, the Chamber of Criminal Appeals upheld the decision Mercedes therefore concluded that the extraordinary remedy concerned making it clear had not filed a writ of habeas corpus, but it was a call to the authorities for violation of constitutional guarantees.
The Court reversed the decision of the Appeals Chamber ordered the police authorities to "cease with the restriction" stating that the constitutional guarantees invoked by Siri were restricted without a warrant or just cause and that these reasons were sufficient to were reestablished in full by the judges, "there are individual rights and protect individuals simply by virtue of being enshrined in the Constitution." Dissent


Dr. Herrera upheld the lower court decision the grounds that although the appellant had filed a writ of habeas corpus, had not indicated what action it was, and therefore the handling of the case had been carried out, with his agreement, according to the established legal procedures for habeas corpus. He also said that if it comes to protecting the Constitution should take account of the first paragraph of Article 14 which states "all inhabitants of the Nation enjoy the following rights under the laws which regulate the exercise ..." in these laws include defense, so that it can not accept a defense whose procedure is not According to current legislation. The judiciary can not ignore the text of the laws affected by accepting the defense because it would be trivialized breaking legislative division of judicial powers on behalf of

resource is created as a writ of amparo judicial remedy for protect all the rights enumerated by the Constitution, except those already protected by the writ of Habeas Corpus.
It confirms the supremacy of the Constitution to protect the rights enunciated by the Arts. 14, 17 and 18.

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Verochi

Verrocchio

Read the full ruling here: Ezio Verrocchio Daniel c / Executive Branch - National Customs Administration s / amparo

The Executive Branch issued the decrees of necessity and urgency N º. 770/96 and 771/96 by which abolished the family allowances to workers whose wages exceed $ 1,000. Verrocchio affected by the measure filed a suit alleging unconstitutional under the above decrees violates the guarantee of full protection of the family, recognized in Article 14 bis of the Constitution.
The actor also alleged that the decree was founded in a situation of need and urgency. The injunction resulted from both the first and second instance, so that the treasury special federal appealed.

The Supreme Court upheld the constitutionality of the challenged decrees providing that the Executive had no authority to enact legislative provisions. He added that, to be from the issuance of the decrees of necessity and urgency should attend some of the exceptional circumstances namely that Congress can not meet for reasons of force majeure or the situation that would require legislative solution was of such urgency that allowed to await the enactment of a law by Congress, grounds that were not in this case.
also maintained that the judiciary was empowered to check that for Specifically there were exceptional circumstances alleged by the Executive. Competing
Petracchi

declares the unconstitutionality of the decree in question based on that art. 99 inc. 3 of the Constitution requires as a condition of validity of the decrees of necessity and urgency of the intervention of a bicameral commission permanent control phase, which should be created through a special law, not yet delivered. Thus the decree under review could not be issued because otherwise cease to be concurrent acts of two powers to be unilateral and discretionary acts of the Executive. Competing
Boggiano

noted that the Legislature passed 24,714 law which repealed the decrees in question as an expression of dissatisfaction with the rules under review. Dissent

Nazarene, Moline O `Connor and Lopez
accepted the validity of the decrees of necessity and urgency as its emission is a constitutional authority of the executive branch can not be subordinated to the dictates of a regulatory law. Otherwise the legislative omission deprive the president of a school that is specifically recognized by the supreme law. Also not essential to create a bicameral commission that Congress can control decrees. Finally argued that although 24,714 law repealed the decrees in question the annulled retroactively. Congress thus tacitly validated the effects generated by the decree during its term.

This ruling establishes the exceptional nature of the decrees of necessity and urgency, and the role of comptroller constitutional by the Supreme Court of the acts of government.

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PORTILLO

Read the full ruling here:

Portillo

The Court of Appeals in Federal Criminal and upheld the lower court decision that ordered Alfredo Portillo to provide one year of continuous service in the armed forces over the legal time provided by law 17,531 for failing to report to the Military District call Buenos Aires. Against this statement concluded Portillo extraordinary appeal on the grounds that the compulsory introduction violated his freedom of ideology and conscience, recognized by Article 14 of the Constitution.

The Supreme Court found that the 17,531 law, military service, was in keeping with the requirements inherent in the title of citizen. The question lay under review, the Court, in a tension between rights and obligations enshrined in two constitutional provisions, as the actor pretended not to service conscription 17,531 imposed by law, to regulate the constitutional obligation imposed by arming to defend the Nation and the Magna Carta and the right to freedom of belief, enshrined in art. 14 of the Constitution.
The possible injury to the legitimate belief of a citizen by the obligation of military service can also reach those who still do not profess any religious beliefs have established a scale of values \u200b\u200bbetween which occupies an important place of not compromising life of a human.
The Court held that the failure of the constitutional obligation to take up arms to defend the nation does not imply a grave and imminent danger to the interests protected by the State, as the service required to be performed in times of peace, and held that there was absolutely necessary to limit the freedom of conscience of the individual citizen to fulfill his duties while he was respected their autonomy, as would be provided an alternative service. The Court recognized that one can not ignore this area of \u200b\u200bautonomy, or weaken the effectiveness of the military service law allowing certain citizens are bound by what rules law, when in reality they can do what the standard imposes.
The Court held that although the rights are relative and are reasonable limitation on the laws that regulate, stressed that the obligations are as well, then freedom of conscience on, must be reconciled with the obligation, relative to arm. On this point the Court said in its own right arm is to dress up arms, but in a sense analogous is made available to assist the wearer through a wide range of services that by their nature allow citizens to meet their debt with the State while preserving uninjured area of \u200b\u200bautonomy as their religious or ethical person. For all this the Court's majority held the view of the original ruling as Alfredo Portillo condemned to one year of service plus the time allowed by art. 34 of the 17,531 to find justification for its refusal to report for military district, but withdrew from the Chamber as soon established that the method of compliance should not involve the use of weapons, paying a substitute service. Dissent

Dr. Caballero
Conscientious objection without merit because the imposition of military service did not prevent the appellant freely practice their religion, nor disclose or learn their creed.