Impeachment proceedings and AFI espionage in the ARA San Juan case unfold in Argentina

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The Argentine judiciary this week announced the impeachment of former president Mauricio Macri, who led the country from 2015 to 2019, along with several officials from the Federal Intelligence Agency (AFI). The charges relate to alleged espionage targeting relatives of victims connected to the sinking of the ARA San Juan submarine, which disappeared in 2017. The decision marks a significant moment in civil-military oversight and political accountability, drawing attention to how intelligence operations intersect with high-level governance.

The Federal Chamber of Criminal Appeals responded on Tuesday to a prior ruling issued by the Buenos Aires Federal Chamber in July of the previous year. That ruling had stated that the activities in question were aimed at presidential or internal security and therefore justified. The appellate court, known as Court of Appeals II, features Judges Guillermo J. Yacobucci, Angela E. Ledesma, and Mariano H. Borinsky. A majority within this chamber voted to sever ties between Macri and allies associated with Argentina’s next administration, led by libertarian Javier Milei.

As noted in the court’s opinion, each individual must answer for actions within their own competence. The document describes alleged illicit espionage conducted between December 2017 and the end of 2018, aimed at gathering personal data from relatives and friends of those who perished aboard the San Juan. The language emphasizes that the objective was tied to protecting national security interests rather than pursuing improper ends, according to the ruling attributed to the ARA press notes and current court transcripts.

In December 2021, a federal judge in Dolores, Buenos Aires province, Martín Bava, had already ordered the prosecution of Macri along with senior leaders of Argentina’s intelligence services during his time in office. The latest decision from the Supreme Court justices, who approved the eventual dismissal of certain charges, framed the conduct as consistent with the legitimate purposes pursued by the AFI and described the actions as among the least intrusive while still effective for the country’s political leadership’s security needs.

The appellate decision concludes that the activities were not illegal but rather contributed to the proper execution of assigned duties and helped prevent surprising or risky situations for the country’s highest political representative. The ruling also addressed Macri’s involvement with AFI devices, stating that there was no concrete proof of direct intervention by the former president in the incidents under review, even if some conduct appeared passive.

Additionally, the court granted relief by annulling precautionary measures previously imposed in this case, signaling a shift in how certain investigative steps are treated within this politically sensitive domain. The San Juan incident remains a focal point of national memory. The Argentine Navy submarine disappeared off Patagonia’s coast in November 2017, triggering months of arduous search and rescue efforts that involved personnel and assets from eighteen nations before operations concluded a fortnight after the tragedy.

A year after the crisis began, the Macri government engaged Ocean Infinity to locate the submarine’s remains, a private venture aimed at clarifying the fate of the 44 crew members aboard at the time of the loss. The search concluded on November 17, 2018, with the discovery of the submarine’s remains and the confirmation of the crew’s fate. The events surrounding the submarine have continued to surface in various official inquiries and discussions about duty, protocol, and oversight within Argentina’s armed forces and intelligence community.

In this broader context, higher-ranking navy officials have faced scrutiny in other cases related to the duties and responsibilities of service members. The ongoing dialogue reflects the delicate balance between security operations and civil liberties, as the judiciary weighs the legitimacy of surveillance activities against the need for accountability in governance and public safety. The San Juan tragedy remains a poignant reminder of the human cost of naval missions and the enduring demand for transparency from state institutions.

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