Supreme Court Rejects Alberto Fernández's Bid to Move Gender Violence Case
Argentina's highest court rules the federal judiciary will retain jurisdiction over the former president's case.
1Supreme Court Ruling
The Argentine Supreme Court has definitively rejected former president Alberto Fernández's attempt to transfer his gender violence case from federal courts to the local Buenos Aires justice system. Justices Horacio Rosatti, Carlos Rosenkrantz, and Ricardo Lorenzetti upheld the federal jurisdiction, aligning with the opinion provided by the Prosecutor General, Eduardo Casal.
2Legal Venue Dispute
Fernández had sought to move the proceedings to the local penal court, arguing that the case should be handled by the city's jurisdiction. This maneuver was part of a broader legal strategy to contest the competence of the Comodoro Py federal courts, which were initially overseeing the investigation into his alleged actions.
3Origin of Investigation
The case against Fernández emerged from evidence found on his secretary's phone during a separate investigation into alleged corruption within the state insurance sector. Photos and messages revealed by Clarín in August 2024 prompted Fabiola Yañez to file a formal complaint against her former partner, alleging abuse, threats, and physical injuries.
4Judicial Procedural History
Initially, Judge Julián Ercolini and prosecutor Ramiro González led the federal investigation. However, the defense team repeatedly challenged the venue, attempting to move the case to San Isidro or the local Buenos Aires courts. The Supreme Court's intervention effectively halts these attempts to fragment or relocate the ongoing criminal proceedings.
5Current Judicial Status
The case is currently under the supervision of federal judge Daniel Rafecas, who took over after the Federal Chamber of Criminal Cassation removed Ercolini. This removal followed a recusal request from Fernández, who cited a previous friendship with Ercolini that had soured, claiming it compromised the judge's impartiality in the matter.
6Connection to Rafecas
Judge Daniel Rafecas, who is currently subrogating the federal court, has a long professional history with Fernández. During Néstor Kirchner's administration, Fernández recommended Rafecas for his position. Despite this past relationship and Fernández's later attempt to nominate him as Prosecutor General, Rafecas remains in charge of the gender violence case.
7Prosecution Timeline
The investigation has faced significant delays since prosecutor Ramiro González signed the request to elevate the case to trial in August 2025. The former president's legal team has utilized various procedural motions to stall the process, including counter-denunciations of alleged harassment by Yañez, which the courts have now effectively sidelined.
8Implications of Ruling
This Supreme Court decision represents a major setback for Fernández's defense strategy to avoid a federal trial. With the jurisdictional battle settled, the focus returns to the substantive allegations of gender-based violence. The case remains a high-profile legal test for the Argentine judiciary regarding the accountability of former political leaders.