Argentina: Cristina Fernández de Kirchner and the Vialidad case. A biased and decaying judiciary, a real structural corruption

The request for a 12-year sentence and disqualification from holding public office to Cristina Fernández de Kirchner made by prosecutor Diego Luciani in regards to the so-called “Vialidad” case illustrates several facts at the same time. On the one side, there is the nefarious role of a capitalist judicial branch that moves according to economic and political interests of the sectors of power, in this case linked to Macrismo and its media spokespersons. Also it brings once again the debate of the toxic relation between the capitalist governments and the State and the entire scaffold of corruption that has always surrounded public infrastructure and other businesses of the political power in office. Finally, it re-opens debates on how we believe we can reach the truth and investigating who and with what political project we can end this systemic evils.

By Sergio García MST in the FIT Unidad leadership

In the first place, as anti-capitalists and socialists, it is clear to us that this justice does not represent the search for the truth, but acts, faithful to its political and class interests, according to the political needs of the bourgeois sector that is more akin to it, in this case, the political arc of Macri’s government. The same justice that looks the other way before a whole series of millionaire deals and frauds against the Nation, such as the permanent flight of foreign currency between banks and capitalist corporations, or the swindle of the last agreement between Macri and the IMF, is now dedicated to “investigate” acts of corruption only around the figure of Cristina Fernandez de Kirchner. In this sense, there is a notorious judicial capacity to politically and consciously choose who to investigate and who not to investigate, with a bias of political persecution in dance, so until there is no progress with a thorough independent investigation, we will not endorse any conviction or disqualification.

It is the same classist, capitalist and millionaire justice that is full of privileges for life that the political power it defends gives them, so that they act precisely when necessary, in its favor. As always, depending on the moment and the characters in question, it acts more in favor of one sector than another, as it is clearly perceived in this case, where national and opposition mass media broadcast live the prosecution’s allegations and that same justice denies CFK the right to expand her statement.

At the same time, CFK herself and all the Frente de Todos cannot criticize this action as if they did not have any responsibility, because they do have it and it is a lot. This justice, this judicial regime tied to the political power and privileged, is proposed and defended by all the political actors of the capitalist system, from Juntos por el Cambio to Peronismo, they all maintain the current judicial model, antidemocratic and dependent on the political power, and today, one of the political sectors in question, pays the consequences and another one takes advantage of them. In times of political-judicial crisis like this, it is good to remember that only from the left we propose and defend another judicial regime, where judges and prosecutors are elected by popular vote, are revocable and do not have salary, retirement and tax privileges, as it is today.

Corruption and the capitalist State

At the same time, denouncing the nefarious role of this judicial model does not prevent us from also criticizing the role of the capitalist governments in general and the Peronist governments in particular, which have always been a festival of corruption deals that are impossible to hide. We do not give the right to this classist justice, with double standards, to make a political-media show against a figure they oppose. But we do give the right to millions of workers and the population to really know what was done during the last governments in relation to public works and other State enterprises.

With this we want to say that we do not share the story that CFK told today on national TV. She criticized harshly and with evident elements of reason, the justice system and its media flagships, but at the same time she tried to prove that she has nothing to do with the existing corruption activities. When it has been obvious to everyone for a long time, and not because of what well-off prosecutors say now, that during her terms in office there was an intrinsic relationship between businessmen friends, state officials and millionaire state funds.

Trying to ignore that corruption from the State was part of the logic of their governments is out of touch with reality. As if someone from the PRO wanted to prove that when Macri was president or with Larreta in CABA there was no state corruption, when there were and there are deals and permanent denunciations, which most of the time the same justice system dismisses and does not investigate because of its political ties with the power. None of those who have governed us in recent decades, are out of the mafia network from the State with which the Manzano, Baez, Caputto and many other businessmen friends of the power of the day have enriched themselves.

The right wing, the right wings, the austerity measures

At the same time, although we understand the feeling of thousands of people who want to defend their political leader in the face of what they consider an injustice, we do not share the vision that has begun to be promoted by the official political apparatus, that this is happening because of a coup by the right wing and its alleged austerity measures, which serves as an attempt to cover up the real country of permanent austerity that we are living in.

Because in the Argentina of this 2022, which inherited a disaster from the right-wing and Macrista government, we are living another disaster and another administration that has nothing to envy to the traditional right-wing governments. It is the government of the Frente de Todos, now with Massa at the head and with the support and endorsement of CFK, who applies a brutal adjustment in the framework of complying with an agreement with the Fund that is pure dependence and surrender. CFK said today that “this is a trial to Peronismo and to the popular governments”. But, what is the popular cause of a government that pays a swindle to the IMF, associates with the Mesa de Enlace and the big CEO’s, cuts social assistance to those who have less, makes the salary lose with inflation and applies heavy bills increases?

We are living a sort of championship to see who can best take and apply the traditional right-wing agenda. The appointment of Rubinstein in the area of economy and the automatic announcements of budget cuts and new increases in fuel and fees are just the latest example of this course that any self-confessed right-winger would envy. And there is no court case, no matter how orchestrated and despicable it may be, that can cover up this reality of austerity or the right of millions to confront it in the streets.

Investigate for real, everyone

Returning to what we said at the beginning of this article, this capitalist and privileged justice system has no morals to disqualify nor to pose as a defender of the State coffers, the same coffers from which it is juicily nourished and from which it does not exercise any defense or investigation when international negotiations are carried out in agreement with the national and transnational financial power.

For this very reason, and because the people have the right to know the whole truth, we propose the investigation of all allegations and acts of corruption, both of the CFK and Macri governments, through the creation of an Independent Investigation Commission, comprised of impeccable individuals, human rights referents, intellectuals and other sectors that have no commitment with the political power, and with full powers to access all kinds of files, documents and evidence in question. The issue of corruption by the capitalist State and its governments is so harmful and recurrent that we need a kind of CONADEP to make visible all its actions. At the same time, if a conclusion becomes urgent, it is that in the face of so many nefarious powers and so much systemic and structural corruption, it is necessary to highlight the political need to overcome the traditional parties, their political regime, their programs and management methods. This is one more reason why we call to strengthen a political project from the left, one that is anti-capitalist and socialist, because we will end this unjust justice and corruption when we end this capitalist system and raise on other bases a new democratically organized society prioritizing the needs of the majorities, a socialist society where the workers govern. For this objective we fight from the MST in the Left Unity Front.