Prosecutor requests investigation into Argentine president over birthday party during lockdown

RIO DE JANEIRO, BRAZIL – An Argentine prosecutor on Thursday (26) requested an investigation into President Alberto Fernández for allegedly violating health restrictions after photos of the first lady’s birthday party on July 14, 2020, were leaked, judicial sources said.

Prosecutor Ramiro Gonzalez has also accused first lady Fabiola Yanez and the 9 friends with whom she celebrated her birthday last year at the presidential residence.

The initial complaint was filed July 28 by two opposition activists when the record of visits to the presidential residence during the strict quarantine in force in 2020 became public and was expanded after the photos of the first lady’s birthday were leaked on August 12.

The images showed a dozen people, including President Alberto Fernández, celebrating his wife’s birthday on July 14, 2020, when a presidential decree with harsh restrictions, including a ban on social gatherings, was in force in Argentina, under threat of sanctions.

A week later, more videos of the celebration were released, showing the president and his wife celebrating the birthday indoors with no masks or social distancing.

Following the leaked pictures, president Fernández apologized and acknowledged that the social gathering “should not have taken place.”

Shortly before the prosecutor’s decision became known, Alberto Fernández appeared before the courts yesterday and argued that it was a “crime of abstract danger” and that “there had been no harm to Public Health.”

“Given the non-existence of a harmful outcome, I submit to the consideration of the Supreme Court the criminal insignificance (not social or moral) of the denounced behavior which has not injured the protected legal right due to its atypical nature or lack of material illegality, and therefore I request that the present complaint be dismissed,” the president said.

In a 36-page document, Fernández also stated his intention to donate half of his salary for 4 months to the Malbrán Institute as compensation for these events.

The pictures of the celebration had a strong impact on the president’s public image, with less than a month to go before the primary elections (PASO) that will define the candidates for November’s legislative elections.

These elections will renew half of seats in Congress and one-third in the Senate.