Argentina court limits review of Cristina Kirchner's house arrest conditions

Argentina's Federal Criminal Cassation Chamber has largely denied Cristina Kirchner's defense team the opportunity for the Supreme Court to review the conditions of her house arrest, dealing a blow to her legal challenges.

The ruling, made by a majority vote, dismissed an extraordinary appeal presented by Kirchner's defense. Her legal team had contested three aspects of her house arrest, imposed following a 6-year prison sentence for fraud in the "Vialidad" case: the use of an electronic ankle monitor, restrictions on visits, and limited access to the terrace of her building.

Judges Gustavo Hornos and Diego Barroetaveña argued that the decision under appeal was neither a final sentence nor caused irreparable harm. Hornos added that the imposed conditions are reasonable, proportional, and subject to review by the execution judge. However, Judge Mariano Borinsky dissented, asserting that the appeal should be granted and sent to the Supreme Court due to the potential infringement of constitutional rights, including privacy and equality.

Borinsky contended that the ankle monitor is unnecessary given Kirchner's permanent police escort as a former president. He also argued that the limitation on terrace access was unjustified. This decision follows a previous instance where the Supreme Court rejected Kirchner's request to stop using the ankle monitor. Her defense can still file a "queja" (complaint) directly with the Supreme Court, but the Cassation Chamber's decision significantly diminishes the likelihood of their arguments being considered by the highest court.