When will Cristina Kirchner be arrested and where will she serve her six-year prison sentence?

The ruling of the Supreme Court of Argentina against former president Cristina Fernández prevents the Peronist leader from running for deputy in the elections of the province of Buenos Aires on September 7 and leaves her one step away from prison. On Tuesday, the three judges of Argentina’s highest court unanimously decided to dismiss all appeals presented and upheld the six-year prison sentence and a lifetime disqualification from holding public office issued by lower courts, finding her guilty of fraudulent administration to the detriment of the state in the granting of public works in the Patagonian province of Santa Cruz. These are the next steps in a historic judicial process that has caused a shockwave in Argentine politics.

When will Kirchner be arrested?

For the execution of the sentence confirmed by the Supreme Court, the case returns to the origin court, in this case, the Federal Oral Court 2 (TOF2) in Buenos Aires. Its president, Jorge Gorini, was responsible for notifying Kirchner and the other eight convicted that they have a period of five business days, which ends next Wednesday, to turn themselves in to the authorities. At that moment, they will be detained and begin to serve their sentence.

What happens if she does not turn herself in to the authorities?

If Kirchner does not turn herself in within the stipulated time, the court can order her arrest by public force. It can also issue such an order if there is a risk of flight.

Where will she serve her prison sentence?

The president of TOF2 has requested that the Ministry of Security assign a facility of federal forces that meets the necessary conditions for the accommodation of the former president and the other convicted individuals. Judge Gorini clarifies that “specific consideration must be given to the individual particular characteristics” of each convict.

Can she request house arrest?

Yes, although it is not automatic. Argentine law provides for the possibility that the court grants the benefit of house arrest for those over 70 years old. Kirchner’s defense can request it based on this requirement, as she turned 72 on February 19. The court must decide whether to grant it or not, but it is generally assumed that she will be granted this benefit. If so, it is expected that the opposition leader will choose her residence in the Constitución neighborhood instead of the one she has in El Calafate, nearly 3,000 kilometers south of Buenos Aires.

What happens with her candidacy for deputy?

The Peronist leader had announced that she would compete as a candidate for deputy in the legislative elections scheduled for September 7 in the province of Buenos Aires, the largest and most populated in Argentina. However, the lifetime disqualification from holding public office prevents the Peronist party from registering her on the electoral lists that must be submitted by July 19. Judge Gorini ordered that the National Electoral Chamber be informed of the prohibition affecting Kirchner from now on.

Can she appeal to international courts?

The Supreme Court is the highest court in Argentina, and the conviction against Kirchner is final, meaning she cannot appeal to any other court in the country. However, the former president claims to be a victim of judicial persecution and wishes to bring the case before international courts. She has six months to file a complaint with the Inter-American Commission on Human Rights. Her lawyer, Gregorio Dalbón, has also announced that they will present their case to the International Criminal Court and the UN Human Rights Council.