18 June 2015, The Tablet

Cardinal backs embattled judge


Cardinal Mario Poli has written a letter of support to an embattled Supreme Court judge who is under pressure to resign.

In a case that has polarised Argentina, Carlos Fayt, a 97-year-old pro-opposition judge has refused to step down despite government claims that his age makes him unfit for the job. Fayt did not appear for an important meeting in April and has reportedly failed to recognise his assistants.

With presidential elections later this year, the Government of President Cristina Fernández de Kirchner is said to be seeking to make its mark on the judiciary. Critics claim it will promote a replacement to champion the Government as it faces corruption charges against officials and a judicial investigation into the finances of the president herself.

Fayt’s supporters say that calls for his resignation are an assault on the democratic principle of the separation of powers. “I am motivated to write concerning the questions about you because ...  what is under threat here is not only the constitutional order but also  the fundamental ethical norms governing our peaceful coexistence,” said Cardinal Poli in his letter. Publication of the letter from the cardinal, who rarely steps into the limelight, comes a week after Pope Francis met Kirchner at the Vatican. Saluting Fayt as “venerable and wise”, Poli pointed out that he had worked alongside Francis and knows the Pope’s “thinking on the abuse and neglect of the elderly just because they are old”. Church sources have told Argentina’s La Nación newspaper that it was likely the Pope ­sanctioned the letter.

Fayt replied, telling the cardinal that his “moving message and sign of generosity will encourage me to continue with renewed strength, fulfilling to the best of my ability my purpose in life.”

The judge turned 75 before a 1994 reform put an upper age limit of 75 on a judge’s term in office. Fayt’s tenure is therefore for life or until he chooses to retire.

The Church has this week challenged new government figures on poverty in Argentina, which officially stand at 5 per cent of the population. A report from the Catholic University of Argentina puts the figure at 27 per cent, which the bishops say they accept.


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