The proven case of sexual abuse of a two-year-old girl in the garden of the Liberator Collegefrom the Flores neighborhood, led to a request for intervention from the foundation that manages the school – Fundación Educar – and a request for impeachment of the judge, which led to a bankruptcy proceeding to avoid payment of compensation to the victim and his family and, unusually, promote compliance with the reparation in 72 installments. The General Inspection of Justice (IGJ) – in its role as controller and supervisor of the foundations – intervened by requesting both actions from the Ministry of Justice on the one hand, and from the Council of the Judiciary in the case of the impeachment trial for poor performance of the judge Fernando Gabriel D’Alessandro, head of the National Commercial Court of First Instance No. 7, who currently continues to serve in office. The long judicial process that the girl and her family endured, with the successive revictimizations they went through in different instances, is perhaps a sample of a state of affairs, but in this case it is amplified by the details of this judicial pilgrimage. .
The long judicial road
Criminal case No. 3681 of the Oral Criminal Court No. 9 had established the conviction of the Educar Foundation with a final sentence, considering it proven that in 2008 Francisco Alfonso Nieto, a teacher employee at the Colegio del Libertador garden, sexually abused a girl who was 4 years old at the time. The ruling established a four-year sentence and the sentence was final.
The family also filed a civil lawsuit for damages – case No. 35421/2014 of the National Court of First Instance in Civil Matters No. 110 – and, logically, also received a ruling against the Educar Foundation. But not only that: there were demonstrated a series of maneuvers that sought to hinder the clarification of the truth, in unfortunate ways that included changing the physiognomy of the abuser after the complaint “with the clear purpose of subtracting credibility from the description made in his half a language for the victim”, to leading testimonies from other school employees who went on to suggest that the abuser could be in the family environment, even mentioning another parent at the school.
“The authorities of the educational entity, starting with the director, in addition to violating the duty of security inherent to the bond, far from collaborating with the clarification of the fact and refraining from carrying out embarrassing, humiliating and humiliating conduct, did not maintain a neutral position. Rather, They got involved in the investigation but to divert it“expresses the sentence, which in 2019 condemned the Educar Foundation to pay 6,225,000 pesos (plus interest and costs). “An important activity was evident to direct responsibility away from the institution,” the sentence concluded.
Shameful behavior
But the foundation took a step further in carrying out “shameful, humiliating and humiliating conduct”: to avoid paying the civil judgment, it filed for bankruptcy proceedings, this time before the Commercial Court 7 of D’Alessandro. That in 2016 he considered the sudden poverty of the foundation proven, giving rise to the proposal of payment in 72 long installments.
Subsequently, Chamber F of the Commercial Chamber contradicted this scandalous ruling, demonstrating that the contest was prepared exclusively to harm the girl and her family, going directly against “the special, higher, priority and effective guardianship deferred to girl victims of gender violence enshrined in international instruments, re-victimizing it at the expense of Dr. D’Alessandro’s interpretative criteria, which does not satisfy or conform to those mandates that should prevail in legal analysis when it involves topics as sensitive as those of the case,” observes the IGJ .
Thus, with all the years that have passed since the abuse and all the instances of re-victimization that the girl and the family went through, the request for intervention from the foundation, and the request for impeachment from the judge, are completed, and still unresolved.
