Prosecutor Carlos Rívolo ruled that President Javier Milei did not commit a crime when he stated, "We hope that the people of Malvinas will one day decide to vote for us with their feet." This was the phrase he used in his speech on April 2, during the commemoration of Veterans' Day and the Fallen in the Malvinas War . The ruling leaned him in favor of the principle of self-determination for the inhabitants of the islands illegally occupied by the United Kingdom.
"After analyzing the facts presented in the complaint in question, this Public Prosecutor's Office will request the dismissal of these proceedings for lack of a crime," the official stated in a resolution obtained by Tiempo Argentino and reproduced by Agenda Malvinas. Rívolo maintained that "it is not evident that the statements attributed to the President of the Nation, Dr. Javier Milei, verify the commission of a criminal offense."
Federal Prosecutor Carlos Rívolo
Milei had been denounced by the president of the Confederation of Malvinas Combatants, Ramón Cayetano Robles . Sponsored by lawyer Walter Di Giuseppe, they accused the president of possibly committing the crimes of violation of the duties of a public official, abuse of authority, and treason . The fact? Having stated in his speech that "if it's about sovereignty over the Malvinas, we made it clear that the most important vote of all is the one cast with our feet, and we hope that the people of Malvinas will one day decide to vote for us with their feet."
That's why, Milei had said, "we seek to be a power, to the point that they prefer to be Argentine, that there's no need to use deterrence or persuasion to achieve it."
Following this, the plaintiffs formally filed a legal challenge that quickly emerged from many quarters, alleging that he had uttered a statement contrary to Argentina's historical position and in favor of the principle of self-determination of peoples, which does not apply to the Malvina Islands.
The prosecutor asked that the complaint be dismissed.
For the prosecutor, this "can in no way be considered (...) an abuse of presidential authority, much less treason, since his statements do not indicate an intention to renounce the claims of sovereignty over the Malvinas, South Georgia and South Sandwich Islands established in the National Constitution."
In elaborating on his argument, the prosecutor maintained that the requirements established by Article 248 of the Penal Code for the charge of abuse of authority are not met in this case. In his opinion, the judicial official quoted the text of the law and maintained that it is logical that the crime is not automatically incurred by holding a public office, but rather that it requires the issuance of orders, resolutions, or regulations contrary to the law. On this basis, Rívolo maintained that "they are attempting to attribute to Dr. Milei an alleged "abuse" solely because of his statements during a speech, but the truth is that, at least for now, these statements have not resulted in any resolution or order that could be considered contrary to the law."
In his opinion, the prosecutor also noted that there is no doubt that the presidential powers include outlining foreign policy guidelines and defining his role in that context. "Of course, each president will imprint his administration, according to his personality, with his own style of administration in this area, which may please some and displease others, but which, as long as it does not cause certain and determined harm to the country's interests, cannot in any way be subject to review by the judiciary, much less by the criminal justice system."
Thus, Rívolo made it clear that the president's statements "can in no way be grounds for criminal prosecution." He also stated that a strict analysis of the words spoken in his speech on April 2 in Plaza San Martín, during the official ceremony for the Day of Veterans and the Fallen in the Malvinas War, "does not in any way reveal an intention to renounce the claim to the Malvinas, South Georgia, and South Sandwich Islands."
According to the prosecutor, on the contrary, "it seems to express his desire to strengthen our country's position so that, in the future, we can be more successful in the claim to sovereignty that our country has been making—unsuccessfully—since ancient times."
With the request for dismissal, the prosecutor considers that there are no grounds for advancing a criminal case. Now , the decision is in the hands of federal judge Sebastián Ramos , chosen by the Chamber to hear the complaint.
Fountain:
