2023-07-24 01:42:39
Alberto Nallar, a lawyer for native communities, a specialist in administrative law, a defender of human rights, rode like Quixote among the roadblocks in the province of Jujuy, which are still maintained in defense of the territory, water, and with the slogan “up wages, down with reform.” He exercised a kind of open lecture in each of the blockades that he visited until last July 13. That Thursday he was arrested by order of the control judge Rodolfo Fernández, at the request of the Jujuy Public Prosecutor’s Office (MPA), who accused him of sedition, incitement to rebellion and violence.
“There are no facts that make up the crimes that are imputed to me,” the jurist technically explained. “So you are kidnapped by the State of Jujuy in house arrest?” This newspaper asked him. “That’s right,” he replied. “It is what the national government has to evaluate,” he added, referring to the request for federal intervention in Jujuy. “I am the most complete expression that there is no justice here. Milagro Sala is in house arrest because there is no justice in Jujuy,” he insisted. The Tupac Amaru reference has been detained since January 16, 2016. “What we have to talk about is the cause, which is the seizure of the Judiciary by Gerardo Morales.”
What Nallar did in the roadblocks was share arguments with community members and protesters who have remained firm with their claims for more than 40 days. In each blockade, she gave free advice and, in a didactic way, provided legal tools with which to counteract the subjugation strategies currently deployed by the Jujuy government. For all this action in situ -and also alone- against Morales’ fear mills, he was arrested. It happened while he was preparing to travel to San Salvador de Jujuy from his house in the town of El Carmen, located 20 kilometers by national route 9 to the southwest of the capital of Jujuy.
“I was at my desk – he recalled about the arrest – when the plainclothes policemen arrived. They showed me the order first, then they arrested me. But instead of taking me to the Police Section to comply with the procedure, as with any person, they took me directly to the Gorriti prison”. Penitentiary Establishment 1 for older male inmates in Jujuy is a former clandestine detention center used during the last civic-military dictatorship. “He even had an assigned cell,” ironized the northern lawyer. The family alerted colleagues, friends and the media.
His hearing with judge Rodolfo Fernández and prosecutor Walter Rondón occurred remotely. “During the zoom”, due to the formality that took place on the platform, “they warned of the barbarity they were committing,” Nallar continued in his account. “It was then that they offered me house arrest.” He alluded to a procedure reserved for lawyers at the time of being charged or arrested: giving immediate intervention to their Professional Association. The step had not been completed. Its current president, Ramiro Tizón (son of the judge and writer Héctor Tizón), was informed after noon, when Nallar was already in the prison in the Gorriti neighborhood, located on Leandro Alem at 200. The option granted to Nallar to comply with the measure ordered by the Jujuy administration of justice, began on July 14 and will last until August 3. “I am going to ask for the annulment of the house arrest to end this farce like this,” the lawyer advanced and said that he will present a digital document today through his defense attorney.
Nallar did not provide details about the treatment he received from the security forces during his stay in the Gorriti prison. He just slipped that everything was on good terms. He opted rather to be purposeful and discuss what to do to stop the institutional process that Jujuy society is still going through. “I am sure that Morales, with all this, made visible who he is and what he does in Jujuy. By arresting me, he intimidated and disciplined the rest of the lawyers in the province, to prevent them from investigating the legitimacy of the reform,” he explained, “and so that they do not exercise the active defense of the people who continue to complain on the roads.”
“The people do not have access to justice, while he is shielded,” he insisted. “He has all the power, the people are defenseless,” she continued. “The underlying problem is that there is nowhere to report crimes such as the illegal deprivation of liberty. Since there is no division of powers in Jujuy – he asserted – citizens have no place to claim the non-compliance of the duties of public officials either”. For this reason, in his opinion, federal intervention is viable. “No one brought to Alberto Fernández’s desk the arguments that allow Article 6 of the National Constitution to be applied in Jujuy,” he added, referring to the section that allows the Nation to intervene in the provinces to guarantee the republican form of government.
“(In Jujuy) there is a huge social awareness about what is happening,” Nallar said, summarizing his experience in the cuts before being arrested. “The struggle is maintained, mainly, by women. Without a bathroom, without water, outdoors, with very low temperatures, and on top of that, they are harassed,” he recalled, “for forty days these heroines have assumed all the risks.”
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