MercoPress. South Atlantic News Agency
Milagro Sala gets 3-year suspended sentence but remains in preventive custody on other charges
Tupac Amaru group leader Milagro Sala was handed Wednesday a 3-year jail sentence by a Federal court in Jujuy for aggravated damage during an “escrache” protest against then national Senator Gerardo Morales in 2009 at the Professional Council of Economic Sciences in the provincial capital San Salvador de Jujuy. Sala also benefitted from a statute of limitations which rendered the threat charges void. Morales is now Governor of Jujuy. Read full article
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Disclaimer & comment rules”Sala's organization built houses for the poor with national government funds channeled through then Welfare Minister Alicia Kirchner, now governor of Santa Cruz, (sister of the late president Nestor Kirchner's and therefore sister-in-law of the incumbent president) on condition that the beneficiaries participated in political rallies and proved their allegiance to the “movement” in various manners“
Dec 29th, 2016 - 06:35 am - Link - Report abuse +7Talk about corruption- government money used to compensate the poor as partisan political ”activists” for the K's !!!
That's corruption and misuse of government funds, Enrique!
L
This farce disguised as judicial proces is nothing but revenge pushed by the dominant class against those who have dared to try and improve the lot of the destitute in the Jujuy province.
Dec 29th, 2016 - 06:36 am - Link - Report abuse -7Semi-feudal labour and social practices remain current in Jujuy, and the offensive against Milagro Sala and two other social activists attempts to destroy popular organizations that grew under the Kirchners' governments and warn anybody else who would think of resistance.
To ensure himself the instruments to carry out his offensive, governor Gerardo Morales increased, as soon as he took office, the number of judges of the provincial Superior Court of Justice to nine from five. Two of the new judges are legislators who belong to Morales' Radical Party that is part of the Cambiemos Front, and a third is a former legislator from the same party.
The judges used evidence brought forward by two questionable witnesses, of which one was disqualified while the other, was revealed, recently became an employee of the provincial government. A climate of violence installed by Morales' government included members of the public and one legislator being prevented from accessing Sala's public trial and beaten by anti-riot police a few days ago.
Charges against Sala were brought after her detention, and she has been kept behind bars for one year against the law that frees pending trial those who do not present a flight risk.
This shows the real character of those who were voted into government in Argentina a year ago, based on false promises none of which has been fulfilled.
Sala and others accepted public funding and housing to buy their votes and act as political activists for the K's and the Victory Party.
Dec 29th, 2016 - 06:54 am - Link - Report abuse +7That is corruption = illegal
My guess is you support the Mafia in southern Italy
Dec 29th, 2016 - 09:53 am - Link - Report abuse +3Of course he does!
Dec 29th, 2016 - 11:11 am - Link - Report abuse 0The northern capitalist elites have been oppressing the southern destitute communist for decades.
@Enrique
Dec 29th, 2016 - 12:32 pm - Link - Report abuse +8Why don't you tell us “the whole movie” of the current situation in Jujuy instead of just “an image”?
1) Sala received many millions of dollars in “cash” during the years of the last two Peronist presidents to “do works” in several Argentine provinces.
2) Jujuy was governed during that same period of time by Peronist Governors. As in Jujuy, most of the “traditional” Argentine provinces have “always” been ruled by Peronists. Take in example Salta where religious education is still mandatory (year 2017..)
3) Hard critics and violent fights arose between Salas and the Peronist governors for the discretionary use of the funds sent by the National Government (the previous ones)
4) Before the triumph of the current governor, the first “non-Peronist” in decades, she was warned that all funds of the National Government would be formally transferred (using the banking system) and all the subsidies would only be collected by the beneficiaries formally (improving their conditions). Sala refused to accept the formal banking subsidization (It would be interesting is you can explain to us the reasons why Sala refused to receive money through the banks).
5) Sala explicitly threatens the Province Governor to “set fire” the province of Jujuy in a clear offense of sedition against the constitutional order threatening the inner peace.
6) The Province of Jujuy is a independent Provincial State (exactly as in Canada) with its independent powers, its Provincial Constitution with its separate independent powers and, most importantly, separated from the Federal Government.
7) She, and some of her “partners” were formally accused of several crimes. This is the first conviction of several cases where the processed, Sala, had her lawyers and rights guaranteed. In this first case, Sala, was found guilty of only one cause of several in which she was charged by the official prosecutor. The penalty is lower than requested by the official prosecutor..
Pgerman
Dec 29th, 2016 - 01:58 pm - Link - Report abuse +2Enrique Massot
Both are Argentines living in Canada,
Enrique in Alberta for 40 years.
pgerman in Vancouver BC, for considerably less.
Both have access to news from Argentina.
Enrique still clings to the Socialist/Communist ideology and the obsolete Tupas, and spouts the Ultra K rhetoric of Evita K.
pgerman's news appears to be unfiltered and tells a different story.
One is an Argentine patriot.
The other is an old Communist activist hiding in Canada.
Commie, commie light - what's the difference?
Dec 29th, 2016 - 03:50 pm - Link - Report abuse -4It's just degrees.
Just to be fair, Enrique does have a point regarding the abusive labor practices in northern Argentina.
Dec 29th, 2016 - 07:04 pm - Link - Report abuse +6None of that justifies what Sala and the Tupac movement thugs have done. Milagro Sala is just a mafia boss that doesn´t fall short from characters such as Al Capone et al.
Rumors exist that she even comissioned some murders, had links to narco trafficking organizations ... and a long list of etceteras.
I believe that Jujuy´s judiciary won´t go deeper into Sala´s wrongdoings. If they do, they will probably have to incarcerate half the population, including several notorious local people.
Wow, interesting background info that Snr. Enrique hopes we don't know about.
Dec 29th, 2016 - 07:36 pm - Link - Report abuse +3To be fair, Sala should not be persecuted for her ideology, just as she should not be excused for illegal acts supposedly motivated by ideological beliefs.
Substantial monetary gain is a great motivator for theft, complicity, and subversion, alone.
One of the most terrible elements of Argentina's poorest provinces is the informality of trade, economic and labor relations. As a consequence of this, the formal work protected by labor legislation reaches, in many poor provinces, less than half of the economically active population. This means that the other half of the people do not have labor laws that protect them, they do not have labor rights, they do not have unions that defend their rights, they do not have medical service and they will not have retirement when they retire. The vicious circle of poverty closes at the end of the life of these people.
Dec 29th, 2016 - 07:51 pm - Link - Report abuse +3This makes the attitude of Milagro Sala, her rejection to the formal banking of the people of their political group who receive subsidies, more incredible, more cruel and more unfair. That is why I would like to read Enrique’s opinion regarding Milagro Sala’s rejection.
Perhaps the clue of her attitude is in the piece of news that I read in the media that in La Plata City after implementing the banking system only half of the people, who “social leaders” claimed to transfer funds, appeared to collect their money in the banks (this process require the presentation of the personal ID). The other half of the people never appeared ... I can imagine that money “disappeared” in the pocket of some of the “social leaders” ....
Thanks pgerman,
Dec 29th, 2016 - 09:52 pm - Link - Report abuse +1It would be nice to think that Enrique's socialist ideologues were actually 'redistributing' wealth to the poor, instead of amongst themselves.
Having spent his youth in Argentina, I can't see Enrique being that incredibly naive. He must be blind or stupid, or more likely, his family in Argentina benefits very directly from this corruption.
Ironically, Sala, the heroine of the poor and disenfranchised, appears to betray and steal from the poorest and those without a voice.
Enrique himself is complicit in perpetuating a cruel hoax on the poor of Argentina, while his Canadian family enjoys the assurance of the rights and freedoms of Canada.
@ pgerman, Tarquin Fin
Dec 29th, 2016 - 10:38 pm - Link - Report abuse +2Why do you think this informal work and poverty persists in the poor provinces of Argentina? Wouldn't everyone, even the 'elites', be better off if the people were richer and able to consume more?
@Demon Tree
Dec 30th, 2016 - 02:49 am - Link - Report abuse +3Your comnent is a logical thought of an industrial elit who needs consumption to sell its products. The oligarchies of underdeveloped countries do not have a social vision altogether. In Argentina, the majority of Peronism is a political oligarchy that lives off the effort and sacrifice of society without laundering capital. They only steal everything they can as fast as possible before another person of the same party replaces them.
@pgerman
Dec 30th, 2016 - 05:20 pm - Link - Report abuse 0Thanks. So Enrique actually had a point when he said the 'elites' in Argentina don't want society to develop, at least in these poor provinces. Does this also apply to Macri's government?
Also, when you say that the funds were to be formally transferred through the banking system, does that mean the beneficiaries would need to open bank accounts? Or do they just need to go to the bank and show ID? Also are there lots of bank branches, or do people have to travel a long way to get to the bank?
@ DT
Dec 30th, 2016 - 09:54 pm - Link - Report abuse +2I think you need to qualify who exactly are the 'elites' of Argentina. Enrique would have you believe it is like some aristocratic tier of society sipping mint juleps whilst watching the poor Argentines slave on their fields. The 'elite' tier is anyone in a position to receive bribes. Policemen, government workers, etc. Of course they want to perpetuate a system where they benefit.
I will give you an example of one of the barrios in Buenos Aires. I know for a fact that the police run a protection racket there. The householders pay or the police point the robbers in the direction of their houses.
Also, 50% of the Argentine workforce are 'on the black'. They don't want to pay tax and they want to work off the books. Of course, they don't get any worker's protection or benefits but it is often the case with the poor that they don't have the luxury of financial long-term planning. They want the cash now. One of my friends in BsAs left her job because the owner refused to put her 'on the black' when she thought it was her entitlement. It is just how it works.
@EB
Dec 30th, 2016 - 10:46 pm - Link - Report abuse 0It makes sense that it's the people who have power in one way or another who resist changing the system. It seems too easy to say everyone would be better off if the economy developed, because although that is broadly true, it may well not benefit those who have the power to improve things, unfortunately.
It does show something Macri could do to improve things though. Clamp down on tax evasion and corruption. Although people may not like paying tax, it is much better for society if everyone does it, and not just for the obvious reason.
@ DT
Dec 31st, 2016 - 09:18 am - Link - Report abuse +2Yes, that is the logical thought but I have discussed it with Argentines on a low wage to wealthy land owners. No one wants to pay into the system because they do not trust the government. Lower paid people think they are entitled without contributing anything, so they want to pay nothing. Wealthier people believe that the money will go straight into a corrupt officials pocket. When you look at the lack of investment in the infrastructure throughout the K's government you can see their point.
How do you convince people that you have to contribute to society if you want to benefit from society?
Even with the change of government the systemic corruption won't suddenly disappear.
DT
Dec 31st, 2016 - 07:17 pm - Link - Report abuse +2there is a real paradox when it comes to distributing funds to the poor.
It is as you say, an imposition forbthe poor to open bank accounts in order to receive their money.
However, the process needs to be formalised in order to track those funds and ensure they are all transferred to the correct recipients.
That same measure that helps prevent theft by corrupt officials, also tracks the income received by the citizens - that will encounter resistance from the poor and those who distrust the government or wish to avoid taxes.
@EB
Jan 01st, 2017 - 01:09 pm - Link - Report abuse 0I guess they need to tackle the corruption first, but no one ever likes paying tax, or agrees 100% with what the government spends their money on. If people think they can get away with not paying, then they will always come up with some excuse for why that is okay.
I think the government needs to find better ways of enforcing it. What happens to the employer and employee when someone is caught working 'on the black'? If they can get the numbers down then I think it would become less socially acceptable too, as people don't like to see others with advantages they do not have.
@Kanye
I agree formalising the process is a great idea in principle. But they need to take care that it actually works and people are able to access the system. Navigating bureaucracy can be difficult even for those who are used to it, let alone poor and possibly illiterate people living in rural areas.
DT
Jan 01st, 2017 - 06:14 pm - Link - Report abuse +1That has been Sala's rationale.
We know how that worked out.
Surely a bank account or proper government means of distribution is preferred to a group that says, “we'll take the money, and make sure it gets to the right people.”
LET'S RETURN SERIOUSLY TO THE WORLD.
Jan 01st, 2017 - 08:02 pm - Link - Report abuse -2I'm 35 years old, and this is the first time in my life i see that somebody is taken to a court, just for making an escrache, beside, she didn't participate of that protest.
Although the ignorants and hypocrites, who usually dare to tell us what we should do as a nation, and who make strong critics against the former administration, but at the same time, they try to minimize Macri's corruption, the truth is that there is a politic decision of keeping Sala in prison, in fact, when the U.N., the A.S.O. and the H.R.I.C. say that she's a politic prisoner, is because the country signed international pacts of human rights, which were included in our constitution, which are being violated by Macri and his pathetic allies, that's why her detention was arbitrary, even if she was guilty of all the accusations against her, she must wait for her trial in freedom.
Macri and his ceos ministers usually say that since the cambiemos alliance is in office, Argentina returned to the world. Actually in a developing country like our's, the only one international allignation that conservatives accept, is to submit us to the caprices of the main world's powers, in fact, in the past we were submitted to Britain, but since many decades ago, it's a power of second order, that's why since many years ago, we have been U.S.A.'s backyard, except when the nation was ruled by Alfonsin and by kirchnerism.
Nowadays, the soposed return of Argentina, is just to get more and more debts. I know that this comment has a deep ideological posture, and i don't pretend most of the people here to think like me, but nobody can deny that if it soposes that we are back to the world, nothing would be better than respecting the resolutions of human rights organizations, however at the moment, not just in Venezuela there are politic prisoners.
Mr. Arg
Jan 01st, 2017 - 08:45 pm - Link - Report abuse +1“... even if she was guilty of all the accusations against her, she must wait for her trial in freedom”
Why??
Regardless of Human Rights treaties, common criminals embezzling funds and depriving the poor they were destined for, should be locked up to face criminal charges.
@Kanye
Jan 01st, 2017 - 11:50 pm - Link - Report abuse 0Yes, of course a bank account is preferable to some group, especially in a country with lots of corruption. But the government had better be prepared to organise all this, and make sure people are not excluded.
About Sala, according to what I have read, none of the crimes she is accused of would normally require her to be detained before the trial. The reason they have given is that she would be able to interfere with the evidence if she was free. Obviously the UN etc do not agree with this claim. Also as I understand it, it's the State of Jujuy which has arrested and charged her, not the federal courts, I don't know if these can override the state or not. Of course, the current governor of Jujuy is the guy whose property she was just convicted of damaging, so there's no reason we should suspect him of any bias...
@axel arg
Didn't Fernando Esteche go to jail a few years ago for protests involving criminal damage? But anyway, maybe it would have been better if people had been prosecuted when they broke the law. Too often, it seems people are only prosecuted when the opposing faction are in power, and they ignore crimes committed by their allies.
DT
Jan 02nd, 2017 - 12:38 am - Link - Report abuse 0“Yes, of course a bank account is preferable to some group, especially in a country with lots of corruption. But the government had better be prepared to organise all this, and make sure people are not excluded”
People are already excluded, and have been for years, under Sala.
“Too often, it seems people are only prosecuted when the opposing faction are in power... ”
The unfortunate truth is, it may not be possible to bring criminal charges against the politicians in power.
Witness what happened to Nisman, a Federal Prosecutor mysteriously killed on the eve of bringing a case for charges against CFK.
DEMON TREE.
Jan 02nd, 2017 - 01:50 pm - Link - Report abuse 0I think that what you are saying is very interesting, although i don't remember about Esteche's case, the truth is that nobody should go in prison for making an escrache, for example, in 2009 agrarian producers launched eggs against deputy Agustin Rossi from F.P.V. in Santa Fe, and in 2003 in Catamarca protestors launched also eggs against Cristina Fernandez de Kirchner, however nobody was taken to court, and i think it's the right thing to do, because otherwise, it would be a criminalization of protests, which is what's happening with Milagro Sala, beside, not only she didn't participate of that protest, but also the only one witness against her, who accuses Sala of instigation, is an employ of governor Morales. I don't know where you come from but in a country like this one, there are many cases of institutional violence, that's why justice often commits serious abuses, and sometimes politicians do it too.
@axel arg
Jan 02nd, 2017 - 02:58 pm - Link - Report abuse +1Esteche was convicted of a bit more than throwing eggs:
http://edant.clarin.com/diario/2007/04/21/elpais/p-01601.htm
I agree people should not go to prison just for protesting, but attacking people or damaging property is different. Sala was apparently convicted of criminal damage, whether rightly or wrongly.
There's two questions here; should protests causing damage be against the law (I think yes), and did she have a fair trial, which you said she did not. Can she appeal to a higher court, if the legal system in Jujuy is biased?
I am from the UK; we had a famous incident some years ago where a protester threw an egg at an MP, and the MP punched him and knocked him down. Protesters do not normally go to jail, but plenty of people were jailed for theft and damage after the riots in London.
@Kanye
I guess we will find out more about whether people were excluded by Sala once they hold the trial for fraud, we don't know too much right now.
But governments need to be fair, and be seen to be fair, in how they dispense justice. Otherwise it just becomes another tool to fight the opposition and loses credibility. It's another kind of corruption that weakens the country, just like people evading taxes.
@DT
Jan 02nd, 2017 - 05:21 pm - Link - Report abuse 0“But governments need to be fair, and be seen to be fair, in how they dispense justice. Otherwise it just becomes another tool to fight the opposition and loses credibility.”
With respect, I do agree with what you say.
However, I think that in your efforts to be impartial, you overlook the real situation.
Indeed, the K's and their adherents, including Enrique Massot, Axel Arg and others count on using the political persecution and partisanship argument, when they appeal to outside agencies to intervene on their behalf, or discredit the Judiciary as biased, in the media.
Frankly, it sounds credible because the precedent has been set.
That does not mean that every time a former official or politician of the previous is charged with a crime and put on trial, it is politically motivated
It is also true in the past and currently, that under some regimes, it is de facto impossible to bring charges against officials of a sitting administration. In some cases this is due not only to official 'immunity', but also Interference with the Judiciary by the Executive branch of the reigning government.
During CFK's tenure, there were many allegations of exactly the corruption you describe, including undue payoffs and influence in Judicial matters and intimidation of Judges, Prosecutors, and Regulators.
This is what is alleged to have befallen Nisman.
Now that the K's are out of Office, this is the only opportunity to investigate corruption and embezzlement, or charge those involved in criminal offences.
As you say, the Government must appear to follow proper procedure and be impartial.
It must be seen too, that Corruption is not lawful and not tolerated, and there are consequences.
Of course, Axel Arg and others will still insist that CFK is being persecuted and Sala did not get a fair trial.
This is the value of having a truly independent Judiciary.
DEMON TREE.
Jan 02nd, 2017 - 07:38 pm - Link - Report abuse -3I agree on what you think about protests, but in that case, she hadn't participated of that escrache, and it's impossible to know whether she instigated it or not, because the only one witness who accuses her of instigation, is an employ of governor Morales, so, he is absolutely partial.
Arg
Jan 02nd, 2017 - 07:54 pm - Link - Report abuse +2“ the only one witness who accuses her of instigation, is an employ of governor Morales, so, he is absolutely partial”
Could well be also absolutely correct and fulfilled his legal obligation according to the proper process
@ DT
Jan 02nd, 2017 - 09:19 pm - Link - Report abuse +2You should also be aware that protesting is a national hobby in Argentina. There are 4 or 5 protests per day in BsAs alone. It really is part of every day life there and walking around the city you hear the drums before you see the protest. No one bats an eyelid unless is gets violent. Some just end with an asado.
You may have heard me tell the story of an acquaintance of mine who used to be sent to protest but never knew what it was about. He had to go if he wanted to keep his job. He would be told by the K thugs where to go and what to shout. He couldn't care less about the issue but needed to keep his job.
CFK would send out her thug army to attack foreign owned businesses and no one was ever arrested for causing damage to property because it was sanctioned by CFK.
I can remember one time when an hotel I was staying at had a 'manifestation' outside and I was smuggled out the back way into a waiting car. Ha.
The UK gives billions in foreign aid. Does it go to the people it suppose to help. No is the answer, at last the UK government is wanting the money to be accountable. Can you imagine the despots in Africa, they must be shitting bricks right now.
Jan 02nd, 2017 - 10:46 pm - Link - Report abuse +2@Kanye
Jan 03rd, 2017 - 12:39 am - Link - Report abuse +1It seems unfortunately common for the executive to interfere with the judiciary, usually by appointing a lot of extra judges. This does make the justice system seem less trustworthy and definitely less impartial.
I'm sure you are right that only now that the K's are out of office is it possible to investigate them. But it makes me wonder who is in power now who will not be investigated until the government changes again.
@axel arg
I can't find anything about who the witness was, although it does say in one article that she proved she was not at the scene.
Also Macri said the UN finding was not binding, which is the same thing the UK said about the Julian Assange case last year.
@ElaineB
That sounds quite annoying. I wonder if it has got better or worse since Macri came to power? And what are they protesting about, anyway? (The ones who actually know, that is?)
What was the point of attacking foreign owned businesses? Were they hoping they would close them or sell up? I don't see why that would be a good thing.
Back on topic - anybody in charge of funds must be accountable for where they go and how they are spent.
Jan 03rd, 2017 - 03:26 am - Link - Report abuse +2There needs to be a formal record and confirmation the funds were received.
What on earth has the government got to do with justice? Here in the UK, government of the day make laws and if a person breaks the law then they are tried in court, nothing to do with the government.Problem with Argentina is the government ( whoever is in power ) meddles with the judiciary unlike in the UK where it does not matter what political party you support. Leave the judiciary to do its job regardless of politics.
Jan 04th, 2017 - 01:04 pm - Link - Report abuse +1@golfcronie
Jan 04th, 2017 - 01:09 pm - Link - Report abuse +1I agree. I think it's terrible that judges in the UK have been called 'enemies of the people' by major newspapers just for doing their jobs.
DEMON TREE.
Jan 04th, 2017 - 08:09 pm - Link - Report abuse 0I can give you some sources about the the witness who accused Milagro Sala, ando who is a employ of governor Morales, but they are all in spanish, anyway perhaps you can translate them. Search in google, Horacio Verbitzky's articles about Milagro Sala, he publishes them in pagina12, the website of that journal is. www.pagina12.com.ar, the last one that he published was last saturday.
Respecting Macri's words about Milagro Sala, if you read again the first opinion that i wrote in this article, you'll understand why the country must comply with those resolutions, beside, Verbitzsky explains it much better than i do, because he's a lawyer.
Axel read my post above. Horacio Verbitzky is a lawyer but who does he support? CFK and cronies or Macri and cronies.Your judiciary ARE NOT INDEPENDANT.
Jan 04th, 2017 - 09:52 pm - Link - Report abuse +1@axel
Jan 04th, 2017 - 11:55 pm - Link - Report abuse +1Yes, could you give me the link please? I searched on the website but I couldn't find anything as recent as that so I'm not sure which article you mean.
What does your constitution actually say about human rights? That you have to accept the judgement of the UN? Or just that your laws are based on the UN's laws?
DT
Jan 05th, 2017 - 01:50 am - Link - Report abuse +1that's a common tactic of the Trolls - no link for confirmation, rather they ask you to direct your search towards sites that support their claims.
“Oh, can't find it? It's out there, you're not looking properly. You must be mediocre!”
@Troy Tempest
Jan 05th, 2017 - 01:04 pm - Link - Report abuse +1I'm sure my skills at researching in Spanish are worse than mediocre. ;) I found a few things on that website, but I think they were from before her conviction.
But I don't think axel is a troll, although he is a Kirchnerist. There are plenty of real trolls on here to compare to after all.
Perhaps you are right about AA
Jan 06th, 2017 - 07:23 am - Link - Report abuse 0he has toned things down a bit, though.
Still a spreader of disinformation.
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