Argentina’s Supreme Court has upheld former President Cristina Fernández de Kirchner’s conviction in the “Vialidad” corruption case, for which she was sentenced to six years in prison and a lifelong ban on holding public office. 

The three Supreme Court Justices confirmed their unanimous verdict on Tuesday afternoon just after 5:00 p.m.

The ruling means 72-year-old Kirchner has exhausted her appeals and her sentence can take effect. Last week, she announced her candidacy to be a local legislator in Buenos Aires province, but today’s definitive sentence bars her from running.

In the “Vialidad” case, she was convicted of funneling 51 public works contracts in Santa Cruz province to a company belonging to her friend Lázaro Báez, in a process deemed fraudulent by Argentina’s judiciary. 

You may also be interested in: Cristina Kirchner requests acquittal in the ‘Vialidad’ case

The Supreme Court also upheld a verdict absolving her of charges of criminal association. The prosecution had asked for the additional charge to be incorporated, which would have resulted in a longer prison sentence.

Kirchner addressed her supporters minutes outside the Justicialista Party headquarters after the verdict was announced. 

“To the salary restrictions that Javier Milei’s government has imposed, the Judicial Party has added restrictions to the popular vote,” she said, comparing the ruling to the currency controls recently removed by the government.

She told the crowd that jailing her would not solve Argentina’s problems.

“They can imprison me, but pensions still won’t be enough and won’t reach the end of the month. They can imprison me, but medicines are more and more expensive and unaffordable, not just for pensioners but for everyone. They can imprison me, but parents will still believe their children have the right to eat four meals a day.”

President Javier Milei celebrated the ruling, writing “Justice. The end.” on X. He denied rumors that he had cut a deal with Kirchner to guarantee her impunity, calling it a smear by “corrupt journalists, accomplices of lying politicians.” He replaced each S with a $ sign.

Peronism rallies around CFK

Former President Alberto Fernández supported Kirchner, who was his Vice President. The two fell out while in office. “In a state under the rule of law, the opposition is not persecuted, but judged according to the law,” he wrote on X. “Something that has not happened with [Kirchner].” 

Sergio Massa, who served as economy minister under Fernández and chief of staff under Kirchner, said the case was “riddled with irregularities” and asked the Supreme Court to accept the extraordinary appeal filed by Kirchner’s defense.

People gathered outside the headquarters of the Peronist party in Buenos Aires on Tuesday, following similar congregations on Monday. Those attending were a mixture of Peronist organizations, trade unions, and members of the public. 

“If I have to stay, I’ll stay. If I have to camp here, I’ll camp. I’m going to hold out here, even if I am the last one standing,” Susana Barros told the Herald, her voice drowned by the sound of snare drums. “The government set out to destroy her,” added Barros, who works at a cooperative that cleans Buenos Aires’ most contaminated river.

Senator José Mayans told the press that Kirchner is “not scared.” “She is very calm, she knows what Argentine politics is like. Perón was imprisoned, Lula was too. I think the Argentine people will react to this lie carried out by the Milei administration,” he added.

In anticipation of the Supreme Court’s verdict, crowds of people blocked four highways into Buenos Aires City — the Panamericana, Acceso Oeste, the La Plata-Buenos Aires highway, and the Ricchieri. At the time of writing, the blockade continues. Meanwhile, security forces fenced off the Supreme Court building.

Questions over the ruling

The ruling means CFK’s candidacy to be a lawmaker in Buenos Aires province is already over, just over a week after announcing her bid for election. 

Her supporters have described the case as political persecution. They view the conviction as a means of banning a key opposition leader and the head of Peronism.

Constitutional lawyer Andrés Gil Domínguez called the ruling a “constitutional scandal,” as the Court used Article 280 of the Code of Civil and Commercial Procedure, which allows it to reject recourses without the need for arguments. He added that the Inter-American Court of Human Rights told the Argentine State that the article is “incompatible” with the human right to a well-founded judgment.

Gil Domínguez also said that Kirchner was sentenced without the court irrefutably demonstrating her responsibility. “She was convicted with circumstantial evidence, or indirect evidence of low intensity,” he told the Herald, adding that there is “very little proof” connecting Kirchner to the crime of defrauding the state.

“The existing evidence that links her with this scheme is that she was President and sent budget bills to Congress, which Congress approved, to send public works to Santa Cruz,” he explained. He said that, since the Court upheld the conviction, it is “setting a very low standard regarding the protection of the presumption of innocence, and within that logic, Javier Milei should be called to testify for the $LIBRA case because there is direct evidence there.”

However, he said that the ruling does not mean Argentine courts will start using that standard from now on. “It seems to me that when the accused belong to Peronism, the time of justice is hurried, and the standards are relaxed. When those who have to be accountable before justice are non-Peronist, the cases are closed, the guarantees are extended and much stronger.”