Fernández de Kirchner asks UN to suspend the ban keeping her off the ballot

Former Argentine President Cristina Fernández de Kirchner's defense team has petitioned the United Nations Human Rights Committee to suspend the lifetime ban on her holding public office, her lawyers announced in Buenos Aires. The communication seeks three precautionary measures: the immediate removal of the disqualification, restoration of the Supreme Court to its full capacity of five members, and adjustments to her house arrest conditions, including the removal of the electronic monitoring device.

The defense also demands a comprehensive reevaluation of her conviction for fraud in public works contracts during her presidency. Fernández de Kirchner, currently 73 years old, served as president from 2007 to 2015. She was sentenced to six years in prison and permanently barred from public office following her conviction's confirmation by the Supreme Court.

Her legal team, comprising Argentina's Carlos Beraldi, Spain's former Supreme Court and European Court of Human Rights judge Javier Borrego, and Brazil's Rafael Valim, argues that the trial violated provisions of the International Covenant on Civil and Political Rights, a law with constitutional importance in Argentina. Valim contends that the permanent disqualification contradicts the committee's previous rulings and that the sanction is incompatible with the body's prior findings.

The defense's allegations of judicial bias and persecution have not been independently verified. Valim emphasized that the committee's decisions are binding but carry no legal force; they issue recommendations for states to implement corrective actions. He noted that Argentina's Federal Criminal Procedure Code permits such a decision to review a final sentence.

Valim estimated that the precautionary measures could be resolved within months, with the substance of the case potentially taking years to resolve. He also pointed out that participating in a primary election does not equate to holding public office, thereby suggesting the disqualification would not bar her from running. However, the validity of the Peronist movement's 2027 presidential candidate selection process remains uncertain.

Fernández de Kirchner stated in a letter circulated online that the disqualification constitutes the primary penalty. Her son, Máximo Kirchner, a lawmaker, affirmed that the Peronist movement aims to have her as its candidate for 2027, with other contenders including Buenos Aires province Governor Axel Kicillof.