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The Supreme Court of Argentina attempts to shift attention from a controversial ruling on land foreignization by issuing a separate decision on a military case. However, this move fails to quell public outrage, which continues to grow with street protests and a scheduled legislative session to reject the government's decree.
Carlos Rosenkrantz was in the middle of a monologue when a group of protesters began to gather outside Le Village, an alpine-style hotel located in the center of San Martín de los Andes.
La protesta contra la foreignización de tierras
The Supreme Court justice had attended the annual meeting of trial court members, convened by the Association of Magistrates. The protest had a very clear reason: the ruling with which the Supreme Court had given the green light for the foreignization of land.
The shaming was just the prelude to a march that was called for the following Tuesday towards the Palace of Justice, where the highest court in the country operates, and another planned for October 15, when the opposition will seek to reject Decree of Necessity and Urgency (DNU) 70/2023 in the Chamber of Deputies. The justices once again find themselves overwhelmed by the reaction of the streets and begin to look in the mirror of the 2x1 with which they sought to benefit the repressors of the last dictatorship.
On Tuesday, the Court devised a distraction operation. After the agreement, the first thing that was reported was that the acquittal of the former Army chief César Milani had been revoked in the case where the disappearance of the conscript Alberto Ledo was tried in Tucumán. In the afternoon, it was learned that the three members of the highest court had found a way to uphold the repeal of the Land Law that Javier Milei had introduced through DNU 70/2023.
CECIM y la ruptura de la Ley de Tierras
They did so through a procedural argument: they told the Center for Former Falklands Combatants (CECIM) of La Plata that they did not have legitimacy - they could not be considered direct victims - to claim sovereignty, which was, in any case, an attribute of the State. Anger began to escalate.
Almost as it had happened on May 3, 2017, when the two judges appointed by Mauricio Macri, Rosenkrantz and Horacio Rosatti, along with Elena Highton, stated that those convicted of crimes against humanity should be applied a repealed law that, in practice, reduced their days of detention. In neither the case of the Land Law nor the 2x1 was there any type of predictability about the proximity of the ruling.
In the case of CECIM, the file had been stationary for five months. On August 31, it went to the secretariat handling the case - meaning it entered the starting blocks -.
Precedentes de ndarray de la Corte
It was three weeks after the Government had to withdraw the land chapter that appeared in the so-called Law of Inviolability of Private Property after a series of public demonstrations - which included strong street protests, statements from influential figures, and the impact that multiplied after the Argentine Soccer Team waved a flag saying that the Falklands were Argentine after defeating England in the World Cup.
'The Court's decisions, as a rule, should not come as a surprise to the parties, nor to the citizens. Since 2004, the Court had established the publicity of the movements of the files, but in this case, those movements were known with the notification of the sentence and the reactions it provoked,' says Diego Morales, Director of Litigation at the Center for Legal and Social Studies (CELS).
The rule in the Court is opacity and allowing a government that often resorts to DNU for issues where it cannot afford debates in Congress.
'Furthermore, in important matters, the Court has the ability to convene amici curiae, hold hearings, or establish a list of relevant cases it will address during the year. Especially since 2023, none of these three tools for publicity and broad debate have been used, which results in poorer conditions for the broad discussion of topics such as DNU 70 and the Land Law,' adds Morales.
La reacción social y el fallo del 2x1
As the frustration grew over the hours, early Thursday morning, the Court circulated a statement via WhatsApp in which it sought to quell the tempers and suggest possible lines of action. It said that it did not prevent anyone who considered the land regime unconstitutional from requesting an injunction, or that the Chamber of Deputies should treat, as the Senate had done, DNU 70. In the 2x1, the justices had held meetings and conversations with various sectors.
At that time, Ricardo Lorenzetti was the best positioned because he had not signed the ruling. Rosatti sent messages that he was willing to reverse his opinion if Congress approved, as happened, a law stating that the 2x1 did not apply to criminals against humanity. Like then, Rosenkrantz was the least overwhelmed by the social reaction - or at least he appeared that way -.
In the case of the 2x1, he had been the driving force behind it along with his secretary, Federico Morgenstern.
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