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Plantearon la nulidad de la sentencia a Nahir Galarza: Los argumentos

El planteo hace hincapié en la supuesta violencia física y la “falta de análisis de la prueba rendida en el debate, y de cómo fue analizada deja traslucir claramente una cultura machista y peligrosa”.

Los abogados defensores de la condenada por el homicidio de Fernando Pastorizzo aguardaron hasta último momento para presentar el recurso en Casación e impidieron de esta forma que la sentencia dictada por el Tribunal de Gualeguaychú quedara firme.

José Ostolaza y Horacio Dargainz presentaron el recurso ante la Cámara de Casación Penal de Paraná y plantearon la nulidad de la sentencia. De esta forma, con esta presentación, la condena a prisión perpetua dictada por el Tribunal de juicios y Apelaciones de Gualeguaychú, no queda firme y se deberá aguardar la resolución de este órgano de alzada mientras Nahir Galarza continúa alojada en la Comisaría.

Los abogados señalan en su planteo que hubo una “afectación del principio de razón suficiente y falta de contestación a lo alegado por la defensa” y “la reconstrucción fáctica de cómo ocurrieron los hechos y la violación al principio de no contradicción e In dubio pro reo”, que expresa el principio jurídico de que en caso de duda, por ejemplo, por insuficiencia probatoria, se favorecerá al imputado.

Pero también se puso a consideración del tribunal de Casación “el análisis arbitrario del Tribunal de Gualeguaychú, que no encuadra los hechos de Pastorizzo inmerso en violencia de género” y “desconoce principios elementales referidos al testimonio de la víctima y de los indicios”. El planteo hace hincapié en la supuesta violencia física y la “falta de análisis de la prueba rendida en el debate, y de cómo fue analizada deja traslucir claramente una cultura machista y peligrosa”.

También hace mención a la violación a las convenciones por la inconstitucionalidad de la condena a perpetua. La apelación invoca los tratados, convenciones y doctrinas internacionales tales como: los fundamentos del informe de la UFEM, Convención de Belém do Pará, Jurisprudencia de la Corte IDH, informes de la Comisión Interamericana de Derechos Humanos (CIDH), declaración del Mecanismo de Seguimiento de la Convención Belém do Pará (MESECVI), recomendación general del Comité CEDAW, ONU – Declaración sobre la eliminación de la violencia contra la mujer y un informe de la relatora especial sobre violencia contra la mujer, sus causas y consecuencias.

Por último, se solicitó que se revoque la resolución y se produzca un otro pronunciamiento de acuerdo a derecho y por planteada la reserva de acudir a la Corte con recurso extraordinario federal, en caso de confirmar el fallo de primera instancia. (El Día)

Source: La piramide

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