Argentina's former president Alberto Fernández faces upheld gender‑violence investigation

Argentina's Federal Court of Appeals rejected former President Alberto Fernández’s request to nullify the criminal investigation into alleged gender‑based violence against his ex‑spouse, Fabiola Yáñez. The three magistrates—Martín Irurzun, Roberto Boico and Eduardo Farah—unanimously affirmed the validity of all procedural acts carried out to date, despite the earlier removal of judge Julián Ercolini. The court ordered the substitute judge, Daniel Rafecas, to produce additional evidentiary measures requested by the defence before a final ruling can be made.

The investigation, initiated after messages and photographs were found on the mobile phone of Fernández’s former private secretary, María Cantero, accuses the ex‑president of two counts of light injuries, one count of serious injury and coercive threats, all aggravated by the intimate relationship, abuse of power and gender‑based violence. The defence argued that the evidence was “contaminated” and should invalidate the whole case, but the court cited a prior casation decision that limited the procedural consequences of Ercolini’s removal, stating the acts already performed remain valid “sin perjuicio de la validez de los actos cumplidos.”

While the ruling brings the case closer to an oral trial, it also postpones that step until the newly ordered proof‑gathering is completed, keeping the investigation in the instruction phase.