Argentine judge finds sufficient evidence to charge ex-President with committing gender violence

A federal judge on Monday ruled that sufficient evidence exists to proceed with formal charges against Argentina’s former President Alberto Fernández for committing violence against former first lady Fabiola Yáñez.

Fernández stands accused of causing “minor and serious injuries, aggravated by having been committed in a context of gender violence and against her partner on two occasions,” according to a ruling issued Monday by federal judge Julián Ercolini and seen by The Associated Press.

Ercolini also placed a freeze of 10 million pesos (about $8 million) on part of Fernández’s assets.

Fernández, 65, a left-leaning Peronist politician who was president of Argentina from 2019 to 2023, has denied the incidents that Yáñez, 43, reported in August 2024.

Following the woman’s complaint, a prosecutor accused Fernández last year, initiating a formal investigation. Judge Ercolini, adhering to Argentine legal deadlines, subsequently ruled that sufficient evidence exists to proceed with formal charges against him.

Fernández can appeal this decision, and the case will only proceed to trial after rulings from higher courts. This appellate process could take years.

After being elected president in 2019, “the physical violence would have continued and escalated, more precisely after she became pregnant (towards the end of July-beginning of August 2021), in the form of neck grabs, shaking, open-handed slaps and blows that caused injuries to the body of the aforementioned,” Ercolini wrote.

Evidence considered by the judge include WhatsApp conversations that Yáñez had with the private secretary of the then president (containing photos of her injuries), Yáñez’s testimony, medical certificates, and corroborating testimony from family and friends.

According to the judge, eight years of “psychological and physical aggression” would have left Yáñez with “psychological damage, causing a permanent deterioration of her health.”

If convicted and found guilty, the former president could face a maximum of 18 years in prison.

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