Monday, October 15, 2018

Province Ombudsman denies to cooperate in a child abduction case and Judicial endorsement which violates the U.N. C.R.P.D.

Buenos Aires Province 15/10/18

Members of suspected criminal organization called "La Campora".
The state Ombudsman (Guido Lorenzino) from the Buenos Aires Province has endorsed the decision of a Family Court in charge of LIDIA BEATRIZ TESTA (Court 3, San Justo) of taking away from a disabled couple, their child rearing authority. They've adopted an exceptional measure established in the Federal Law No. 26061 which is even worse than adoption process bureaucracy, applied in cases of abandon, neglecting or violence towards a child from their parents. This measure is so extreme that not even a lawyer can access to the judicial file and make a defense plan. In the other side, the law itself says that the measure cannot be extended in time and the maximum "quarantine" period is 6 months though. But, although Argentina has several preventive measures for domestic violence situations, most of them are totally dependent of the Judicial System and not this case, which above mentioned law grants authority to the municipality, this constitutes implicitly an exception to the norm.

The public officer accused of violating the C.R.P.D. and the very same Federal Law No. 26061 is Paola Argañaraz whom we can see in this article's attached image next to others members of "La Campora".

H. Campora was a politician in past history of the Argentine Republic and some people claim this name was used to the political organization lead by the former president Cristina Fernandez de Kirchner, a political block from the far left wing in this country and suspected of committing several crimes from extortion, human trafficking, child abduction, procurement till assassinations of even their own members.

To be extended...

Thursday, October 4, 2018

BUENOS AIRES CAPITAL: 1-year-old baby was kidnapped violently from the C.DURAND district hospital with the full endorsement from that public health-care institution..

Buenos Aires F.D (Federal District) a.k.a. Autonomous City 
Buenos Aires province (La Matanza district) 8/22/18 - Last update 2018107 12:00 UTC

Shameless: The State banned away the child rearing authority from a young couple with disabilities in an arbitrary manner, and executed a precautionary measure (child shelter measure) of tenure ordered by Paola Argañaraz (Social Service from the City Hall administration belonging to Mayor Verónica Magario, San Justo Municipality, LA MATANZA disctrict) and secured by the Family Court No.3 of the previously mentioned giant district in the suburbs extending their control jurisdiction up to 31km to the south west by 7.92 from south to north west, totaling an area of 325 km2 (125 sq mi)

Public Force was not used but the order was executed with aggressiveness and violence the claimants themselves impersonating police officers powers. The newly created local state police (Policia de la Ciudad) did not intervene and they did not take nor admit from the couple the incident report and charges presentation anywhere except in a Local Prosecutor Office, but in this case excluding the fact that the child was abducted in such violent way.

Although an agreement on the Rights of persons with disabilities was ratified by a federal law in 2009, they separated a mother from her son M. Elias anyway.

On this day, August 22, 2018 at noon, four family members of the victim who is called Maria D., including her father (with motor disability) and a minor, entered the Carlos Durand hospital in the coastal port a.k.a. "porteño" neighborhood of Caballito which is a few blocks from where the couple resides. 
In a few minutes the defendants entered violently into the room N°223 of the unit 14 of pediatric hospitalization in the 2nd. floor. They took her by the hands, by force and achieved to snatch the little child from her mother's arms. As proof of this, the TDMA / GSM communication was recorded by an application of the Android system, where Maria can be listened screaming the desperate call for help;

The young man Elías, with mental illness and disability of this type, was resting under the effects of the medicine prescribed by the professional. However he received a call to a phone that he says  it is "the emergency one" because he is a reservist of the Red Cross and "it is online 24/7 in case of any emergency" After this he ran to the hospital "like a fireman" to attend his girlfriend but unfortunately on the arrival he found Maria in slippers and the baby had already been violently removed from the hospital amid crying and scandal. In addition, these people, who are her own relatives with whom she has not had contact for several years due to domestic violence, also stole several belongings from her and her baby. While Elias was on his way to the hospital he had already called for help by dialing 911 service, even a fixed police assignment named Martin Benetti was at the scene but he did not intervene at all to prevent the situation which was endorsed by practically all the medical staff of that health institution, neither the private security of the hospital requested by Maria intervene in any way.

This broadcasting company could gather the information about all these events were supported by the authorities of the suburban area municipality and later on by the Judicial department of "La Matanza".
Elias denounces that his "father-in-law" has direct links with the judicial authority and the municipality of that district and because of this, contact after contact, friends of friends, etc. he could obtain illegitimate possession of the child, immediately, taking into account that the Mayor V. Magario is on the same political party of the one lead by former president Cristina Fernandez, accused of being the one who ordered to kill the Federal Prosecutor Alberto Nisman and many other cases of corruption, The federal Civil Justice did not take cognizance of what happened at any time or even nobody from the Authorities left a copy of any judicial order to the mother of Mateo. 

The federal law No. 26378 in-force from year 2008 grants special powers of authority as far as family is concerned, to disabled persons which arises from the C.R.P.D. UN covenantOne of their articles says that at no time will a child be separated from his parents because of a disability of the child, one or both parents. It's supposed that a person afected with a disability like a syndrome or  PDD (Pervasive developmental disorders) won't be able to fully exercise their parenting duties of their children, so a major law in-force all over the Nation is intended to avoid any kind of conflict.

To be expanded...

Update 2018/28/08 - URGENT: National Civil Court No. 86 in charge of Maria del Carmen Bacigalupo de Girard dropped the presented civil charges despite of its gravity, claiming herself out of jurisdiction and competence. ¿Is this the end of the Argentine Federal District an the federal Civil courts?
Así desistimaba la gravedad de la situación un Juzgado "nacional"
Location and health report of the child are unknown and before the absence of justice in the Civil system, the Criminal Justice is already investigating.

"La Nacion" major daily newspaper  published that "Parents who kidnap their children, commit a criminal offense"
The couple reports the commission of the crime of child abduction, figure appearing in a reform of the Criminal Code of Argentina at the end of 1994. It is about articles 146 & 147 where in a similar case the news posted: view full report

Background reports:
The young father Elias, previously filed the complaint in the OVD (Office of Domestic Violence) dependent on the Supreme Court of the Nation and was outraged to hear that the secretary of that Court indicated that they had no federal jurisdiction. This young disabled person is a strong activist and defender of the federal republican system established by the National Constitution and argued that in case the presence of any kind corruption within any of the provinces of the Argentine Nation, it was enough a change of address to another jurisdiction or rather, a change to the Federal Jurisdiction, or what he now calls "Former Federal Capital", place where the mother laws of the country must be enforced whatever the political flag that governs it be. As a sign of protest and after starting to go into mental crisis, the young man painted the bronze plaque next to the admission table of the secretary where he painted out the word "national" and replaced it with "state". This painting was erased quickly. Later, as he tells us, burst into tears in front of a social worker of Court 26 called Mónica Guarino but he did not suffer a serious psychiatric crisis.

Background (2):
A social worker at Argerich Hospital, Veronica Gambino, in the neighborhood of La Boca, approved the medical discharge on November 3, 2017 under "Agreement Act" where she allowed Maria's dad to be her assistance in the exercise of the child rearing responsibilities. So, Mr. S.D.D. pledged to actively collaborate in the care of the child, of course without this at any point meant the alteration of the parental authority or guardianship of the mother towards her son. 

The couple accused that the mister. "responsible" only accompanied a maximum of three times to the medical controls of Mateo and then he disappeared, we mean, he was absent for a large amount of time (until according to the hypothesis handled by the victim's boyfriend, he approached personally to the hospital for malicious purposes). 

There he could verify in agreement with the specialists that during the period that Maria's father was allowed to assist her and her baby, the little Matthew presented a serious diagnostic of malnutrition. As of that moment the son of both (of Elias and Maru) stayed in hospital until the date of the forced discharge, with unfinished genetic studies to evaluate, determine, the suspicion of disability that the child would have. Therefore they denounce that all the competent authorities in the protection of the Rights of the child, both Capital of Argentina and especially of the Province of Buenos Aires (Municipality of "La Matanza") have managed to not only restore the custody to who did the opposite, but also, remove the parental authority from these young people with different abilities, without any notice.

Report of discrimination (INADI):
Elias believes that due to the difference in good attention and the subsequent poor attention they received from hospital staff starting with Karina Mato, they have been discriminated against and mistreated by many public officials and institutions in Buenos Aires Capital for not being natives of the city, even in spite of being taxpayers to the municipality and of taking more than a decade "as refugee" in this federal district for reasons of political persecution which suffered in a province of South Argentine (Santa Cruz). 

Why was the baby in the non-custodial care of a defendant?
Elias received some "chicane" and even cyber-harassment on the networks in relation to this question, though he tells us that for a fact that he does not want to reveal publicly in this newspaper, defendant was given a "second chance" to (his father-in-law). and in the meantime Maria would use to move their belongings from province to capital on several trips using the public transport, ultimately the young I. wants to express that "I thought the defendant had changed." In view of the facts and the evidence sent to NRG Multimedios, it can be regrettably established that granting this "amnesty" cost to him a high price.