Heard on “No Te Duermas”
On the radio program, Facundo Lugo, representative of the “La Alameda” foundation, discussed the case of the Misiones deputy Germán Kiczka, who was arrested along with his brother for possession and distribution of child sexual abuse material.
Tomás Modini @ModiniTomas
The Complexity of the Case
At the beginning of the conversation on “No Te Duermas,” Facundo Lugo spoke about the case of Misiones deputy Germán Kiczka: “Obviously, this is a recurring and very complex issue to address, especially because it generates a lot of sensitivity, and the general reaction from society is one of profound rejection towards these kinds of crimes and situations that attack the most vulnerable, which are children and adolescents.”
“In this particular case, I believe the scandal is generated because it involves a deputy, a legislator, a person who should be a reference because they legislate and occupy one of the three powers of the province of Misiones, and I think the scandal is due to that,” he added.
He then explained that “while, of course, like any other area, it is not exempt from having members involved in these networks, I think it is one thing to assume it and another to see it live and direct from the networks” and that “I cannot fail to mention the fact that it is strongly linked to the ruling party, that it was even present on August 1 when the case was already advanced, and a first raid had taken place in February, not at his house but at his brother’s, and this is truly incredible.”
The Delay of Justice
On the other hand, the representative of the “La Alameda” foundation, an NGO that fights against human trafficking, forced labor, child exploitation, prostitution, and drug trafficking, lamented the actions of the legal authorities: “As a person who was already involved in a judicial case for such a serious situation, having access to the Casa Rosada and using part of their contacts or network of influence to stay away from justice for a few days is a shame.”
“We understand that there are procedural cases that need to be addressed and internal matters of the legislative chamber, but this delay between the justice system determining the detention and the lifting of immunity created a window for the accused to escape,” he indicated.
At the same time, he added that “it is striking that the justice system did not take precautions because being a legislator put him in a position of power that allowed him to do what he did, which is flee, even though he was later found.”
Immunity and the Penal Situation of the Case
On the other hand, Lugo referred to the debated immunity of the deputy: “On one hand, he was a deputy and has immunity, and on the other hand, it is debated whether the immunity applies to these kinds of cases because there is a current that says it is to ensure freedom in performing his duties as a provincial deputy, so this would be excluded since it is a criminal offense unrelated to political functions.”
“But the chamber considered that he had immunity and proceeded with his resignation, which was not accepted, then with the lifting of immunity, and now an investigation to follow up on the case,” he noted.
Additionally, when asked by the panel, he specified a bit more about the case by saying that “in general, these groups, these networks that often distribute, store, and in many cases produce these materials of child sexual exploitation, operate in a clandestine network format” and that “in the particular case of these brothers from Misiones, we are talking about having downloaded, received, and distributed material.”
“It is important to mention that initially, the penal code did not penalize the storage on a computer or cellphone, but did penalize distribution. Today both are punished as well as filming or photographing. Penally, there is greater gravity for those who produce the material or facilitate the situation to produce abusive or simulated situations. But there always has to be a primarily sexual objective,” he concluded.
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