Title: Alberto Fernández to Present Arguments Against Judge Julián Ercolini in Domestic Violence Case
Former Argentine President Alberto Fernández will have the opportunity to present his arguments today at Comodoro Py against Judge Julián Ercolini, who is presiding over the domestic violence case involving his ex-partner, Fabiola Yáñez. The Sala II of the Cámara Federal, represented by Judge Eduardo Farah, has agreed to hear Fernández’s arguments before deciding on his recusation request against Ercolini.
Fernández’s defense, led by lawyer Silvina Carreira, has raised several concerns about Ercolini’s impartiality. They argue that the judge may have already formed an opinion about the case, which could influence his final decision. Carreira also claims that Ercolini has been "directing the investigation to retain the case" and has shown eagerness in having Yáñez file the complaint.
The defense has criticized Ercolini for not excusing himself from the case when it was sent to a random draw, which resulted in him being assigned to the case despite being the initial denouncer. They also question the allanamiento at Fernández’s apartment in Puerto Madero and the lack of investigation into the constant leaks to the press regarding the case’s details.
Ercolini has attributed eight incidents to Fernández, stating that they occurred within a context of gender violence and an asymmetrical power dynamic between the former president and Yáñez. The judge also mentioned that these incidents have caused lasting psychological damage to Yáñez.
Fernández and Yáñez have a long-standing relationship, having met while they were both teaching at the University of Buenos Aires. However, their relationship soured due to political differences, particularly regarding the resignation of former prosecutor Alejandra Gils Carbó and the stance against former President Cristina Kirchner.
The hearing is set for December 26, with the option for the parties to choose between an oral hearing or submitting memorials through the Lex.100 system. This comes after Judge Farah previously rejected Fernández’s recusation request against prosecutor Ramiro González, who is handling the case.
Initially, Fernández had requested that the case be handled in the federal court of San Isidro, arguing that the incidents occurred at the Olivos estate. However, the Cámara Federal de Casación Penal ultimately decided that the case should remain in the federal courts of Retiro.
