After a year of Cristina Fernández de Kirchner's house arrest, the fallout endures

Today marks one year since former president Cristina Fernández de Kirchner was imprisoned following her conviction in the 'Vialidad' corruption case. 

Figures inside the former president's political movement argue that the decision amounts to an act of "political proscription" and are calling for her to be allowed to stand in upcoming elections. But despite the conviction and six-year prison sentence she was ordered to serve last year under house arrest, Fernández de Kirchner still faces a complex judicial outlook: she is currently standing trial in the 'Cuadernos' corruption case, while proceedings are expected to begin in the 'Hotesur-Los Sauces' graft case and the 'Memorandum of Understanding with Iran' cases, in which she is also accused of wrongdoing.

On June 10, 2025, in a ruling that sent shockwaves through domestic politics, Argentina’s Supreme Court upheld a previous sentence handed down by Federal Oral Court (TOF) No. 2, which found the former president guilty of fraudulent administration and permanently barred her from holding public office in Argentina.

In the same ruling, the country's highest tribunal rejected a request to convict her of criminal association, another charge sought by prosecutors Diego Luciani and Sergio Mola. A week later, on June 17, TOF 2 informed the ex-president that she would serve her six-year sentence under house arrest, but with an electronic ankle monitor, which she must wear when leaving for medical appointments and even while inside her home at Calle San José 1111, in the Constitución neighbourhood of Buenos Aires City.

In one of her final public appearances prior to her detention, Fernández de Kirchner anticipated her judicial fate. On the afternoon of June 10, 2025, at the headquarters of the Partido Justicialista (PJ), she lashed out at the Supreme Court justices who had just confirmed her conviction. "It is a triumvirate of the unacceptable," she said, referring to Horacio Rosatti, Ricardo Lorenzetti and Carlos Rosenkrantz.

The ex-president argued that the judges had "added capital controls to the popular vote" and linked the judicial decision to Argentina's "electoral timetable." Days earlier, Cristina had announced her intention to run as a candidate for a seat in the Buenos Aires Province legislature in the Third Electoral Section in the local legislative elections.

"We want Cristina to be able to stand in elections and, if society wants to elect her, let people vote for her. And if they don't want to vote for her, then they won't, and that's that. There are many Argentines who want to vote for her," national deputy Máximo Kirchner, the ex-president’s son, said last week in an interview with the C5N television news channel. 

He called for the sentence to be reviewed, attempting to reinforce the idea that her detention is a form of political proscription. Kirchner said he and his allies would do "everything possible for the former president to be able to compete.”

"The more we give way, the worse people's lives become. We are going to give our all, even our lives, so that Cristina can be a candidate,” said Máximo. “We are going to fight every battle that needs to be fought," he said.

Conditions of detention

The first months of detention were more active for the former president. She made a series of social media posts assessing the progress of President Javier Milei's government and meetings with close associates. 

Last November she hosted nine economists at her home and publicised news of the gathering on X. From that point, TOF 2 tightened the conditions of her house arrest: it reduced the number of people allowed to visit her and added further layers of bureaucracy for those seeking access.

On this issue, Máximo Kirchner directly blamed Rosatti, accusing him of an "abuse of power" and of "wanting to humiliate" Fernández de Kirchner. Máximo, in particular, objected to the fact that the former president can receive visitors for only four hours a week. "She is someone who has made public life, discussion, debate, speaking and reading her life," he said.

The Unión por la Patria lawmaker argued that the aim was not only to keep the ex-president imprisoned but to silence her contribution to public debate. Last weekend, the court warned her over public appearances linked to a banner displayed from the balcony of her residence. Earlier this week, the former president again appeared on the balcony to pay tribute to late human rights activist and Madres de Plaza de Mayo founder member Taty Almeida as her funeral procession passed by.

Some rumours have begun to circulate over the possibility of a pardon and the option of the former president’s legal team appealing to the Inter-American Commission on Human Rights (IACHR) for a review of her case. The problem with seeking a pardon is that it would imply an acknowledgement of guilt, something the former president has always rejected. 

As it stands, Fernández de Kirchner will only be eligible to apply for parole in three years' time, once she has served two-thirds of her sentence.

Other cases: Cuadernos

Most of the court cases against Fernández de Kirchner were opened during former president Mauricio Macri’s 2015-2019 government. Late federal judge Claudio Bonadio was involved in seven of the 10 cases opened against her during the PRO administration, a time when Germán Garavano headed Argentina’s Justice Ministry.

The former president is currently standing trial in Federal Oral Court No. 7, along with 80 other defendants, in the case known as 'Cuadernos' – an investigation stemming from notebooks detailing a massive graft scheme allegedly written by Oscar Centeno, chauffeur to former government official Roberto Baratta.

The notebooks ended up in the hands of La Nación journalist Diego Cabot, though to date, the original notebooks have neither been incorporated into the case file nor have they been presented publicly.

The trial began last November and is being held through two hearings a week, on Tuesdays and Thursdays. Her defence is led by lawyers Carlos Beraldi and Ary Llernovoy.

During recent hearings, several business figures accused in the case told the court that they had lied in statements given to prosecutor Carlos Stornelli and Bonadio in order to enter the "repentant witness" programme, seek a lighter punishment and avoid public humiliation.

Hotesur-Los Sauces, Iran accord

Another case complicating her outlook is the Hotesur-Los Sauces investigation, in which she faces allegations of money-laundering and criminal association linked to the rental of Kirchner family hotels and properties to businesspeople. At the end of May, the Criminal Cassation Court authorised consideration of a request by prosecutor Diego Velasco, who asked for a date to be set for the oral trial.

Also cited in the casefile are her son Máximo Kirchner and businessmen Lázaro Báez, who is serving a 15-year sentence in the 'Vialidad' case and another fraud case, and businessman Cristóbal López, among others. Accounting expert reports are still being carried out in the file.

A preliminary hearing has been scheduled by Federal Oral Court No. 5 for September 4, with the aim of organising the evidence and determining the duration and frequency of hearings for the trial.

In the coming months, Fernández de Kirchner could be sent to stand trial in another case: the investigation into the failed 2013 Memorandum of Understanding with Iran. In April, Federal Oral Court No. 8 rejected a request for the proceedings to be declared null and void, filed by Carlos Zannini and supported by the other defendants. 

In addition to the former president and Zannini, those charged in the case include Eduardo Zuain, Oscar Parrilli, Angelina María Esther Abbona, Juan Martín Mena, Andrés Larroque, Luis D'Elía, Fernando Esteche, Jorge Alejandro Khalil and Ramón Allan Bogado.

The Memorandum of Understanding with Iran was never implemented and it never entered into force. Bonadio charged Fernández de Kirchner with treason and cover-up, although the Federal Appeals Court later upheld only the cover-up charge and overturned the treason accusation.

Closed cases

In December 2024, the Supreme Court acquitted the former president and the other former officials in the 'Dollar futures' case. The case had originated from a complaint filed by a group of PRO and Unión Cívica Radical (UCR) lawmakers.