Argentinian judge, 97, refuses to resign despite reports of failing health

http://www.theguardian.com/world/2015/may/15/argentina-judge-carlos-fayt-resignation-health

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A 97-year-old Argentinian judge has vowed to defend his place on the supreme court despite a barrage of government questions about his physical and mental fitness for high office.

Due to his age and infirmity, Carlos Fayt makes 82-year-old US judge Ruth Bader Ginsburg look like a spring chicken, but he is on the frontline of a political battle ahead of October’s presidential election.

President Cristina Fernández de Kirchner, who is not eligible to stand again, is eager to shake up the supreme court before leaving office. Having fought several bruising legal battles, the president has labelled pro-opposition judges a “judicial party”.

Earlier this week, the lower house impeachment committee – which is dominated by the ruling party and its allies – announced it will hold hearings to evaluate Fayt’s health.

The ostensible reason for the inquiry was the judge’s failure to show up for a key meeting in April to re-elect the chief justice, Ricardo Lorenzetti. The country’s most famous journalist, Horacio Verbitsky, reported that Fayt failed to recognise some of his assistants.

After the judge also missed the regular weekly gathering of chief justices on Tuesday, senior government figures have lined up to question his fitness.

“What might account for his poor performance is a loss of the aptitude he once had,” said the cabinet chief, Aníbal Fernández. He has also suggested the judge is being manipulated by Lorenzetti.

The lower house speaker, Julián Domínguez, said Fayt should step down. “He is a bad example to the rest of the society. If judges have to retire at 75 or need an endorsement every five years from the senate to continue in their positions, he should step down and obey the constitution,” he said.

The judge’s condition is now the subject of a national debate. Television channels have shown him needing the help to two aides to get out of his car and then leaning on a stick.

Opposition politicians counter that Fayt is fully capable of fulfilling a role he has performed since 1983. They say the government’s attacks violate the democratic principle of a separation of powers.

Groups of supporters have gathered on the streets to urge the judge to resist calls for him to stand down. Fayt sent a defiant message to one rally outside his home.

“Citizens, I want to thank you for this lovely meeting. This is a manifestation of the citizenry that I praise. I know you want an independent judiciary that defends your rights,” he was quoted as writing. “I have defended and I will continue defending my role as a supreme court justice.”

The impeachment committee will try to ratchet up the pressure on him in the coming weeks when it calls witnesses, including journalists who have recently met the judge, to testify on his mental sharpness. But its powers are limited: Fayt may be asked to attend but he is not obliged to do so. Any motion to remove him from office will also struggle because the government lacks the two-thirds majority needed for impeachment.