In a tough decision against Prefectura and Patricia Bullrich, General Roca's Appeal Room stripped off the official account of the crime.
May 15, 2019
Justice takes an important step towards clarification the murder of the state of Rafael Nahuel. The Court of Appeal General Roca ruled out the prosecution of four members of the Albatros group from the Argentine Navy prefecture under the figure of "murder over legitimate defense", and instead prosecuted for "aggravated murder" First Corporal Francisco Javier Pintos, from where the MP5 submachine gun came fatal shot. In addition, he was detained.
Resolution of 80 pages – known this Wednesday – disarm the official account of the Ministry of Security about the existence of armed confrontations between uniformed and community members Lafken Winkul Mapu. Right on the theory Moldes based his actions to close instructions.
But now the investigation must continue and both Federal Bariloche Judge and the ministry lead Patricia Bullrich they received harsh criticism from DPR judges.
With the case, the jury ruled out the relevance of ballistic skills carried out by the Gendarmerie who cast doubt about the origin of the bullet that killed Nahuel. This work was requested by the Albatross who was compromised – especially by the Pintos defense – after the first skill was determined without a doubt that the projectile came from an MP5 machine gun from Cabo Pintos.
Now, the first report made by professionals proved to be expert Ricardo Nigris, again this is the main test of responsibility for murder.
Meanwhile, in the resolution, the Chamber dictated the lack of services for three other Prefects involved, Juan Ramón Obregón, Carlos Valentín Sosa, Sergio Cavia, because, because Pintos's responsibilities were partly proven, the Court could not sue the murder.
On November 27, 2017, one and a half days after the murder and with whatsapp audio from one of the uniformed people involved as the only food base, Minister of Security Patricia Bullrich gave her version of what happened. He said that Mapuches has fired with firearms, "heavy caliber" that they even "pick rennet tree branches". He talked about the anti-gas mask and defense display with war tactics.
Apart from the accumulation of evidence, expertise, testimony, and eye inspections in the place that denied the story, the Ministry did not change a bit of his speech.
Now Justice questioned the position roughly. Judge Ricardo Barreiro, in his ruling, stated that "it is known that the Ministry of Security has assumed, in the current government, active role in defense is not limited to the security forces involved in episodes under judicial investigation. And he has done it with no exaggeration, distance and respect for the Judicial Power of the Nation and the division of powers requested by the Republic, but with interventions that do not take into account the processing of legal cases, their time or the decisions of judges. "
He also questioned Bullrich because "before the investigation was advanced enough to make a few events, statements from the highest level were published questioning the judiciary, or the steps of the trial were regulated or, simple and simple, the punishment – medically – that the officials involved did no crime and that they are innocent. "
Now, Federal Bariloche Judge must restart the investigation but this time on the grounds that there is no "confrontation" and with one of those responsible for the murder serving pretrial detention.