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Case Garrido and Baigorria v. Argentina. Merits view details>>
Legislación Argentina en desaparición forzada view details>>
Nunca más view details>>
Ley de Obediencia Debida view details>>
Ley de Punto Final view details>>
Memory under construction. The ESMA debate view details>>
Genocidio en Argentina view details>>
Impunidad, crimen de lesa humanidad y desaparición forzada view details>>
Tumbas anónimas. view details>>
Enforced disappearances Argentina
| Numbers and Context |
|---|
| UNWGEID Cases |
| 3,445 cases reported, 142 clarified and 3,303 outstanding. |
| NGOs Numbers |
| 30.000 is the estimated number of disappearances by human rights organisations. CONADEP (Comisión Nacional sobre la Desaparición de Personas) recorded the enforced disappearance of 9,000 people from 1976 to 1983. |
| Context |
| THE QUESTION OF THE “DESPARECIDOS”
AN OVERVIEW OF WORK IN PROGRESS – ARGENTINA 2008
The current year is proving to be an exciting, excruciating and even mind-boggling experience for important sectors of the Argentine population. Perpetrators, victims and the general public are all involved one way or the other in the human rights trials currently going on, the activation of new memorial sites in buildings that once housed secret detention centers and monthly cases of identity clarification established for youths born during the captivity of their mothers during the Junta military dictatorship (1976 -83). While sometimes highlighted by the media, these are phenomena intensely lived at the grass root level by all those directly involved but with implications for wider society. The human rights map is undergoing a transformation with the emergence of these new actors who are existentially challenged by radically new experiences. Let us briefly go through the issues: Human Rights trials: 2008 has rightly been named as the year of the “Juicios”, that is of the trials for human rights violations committed during the Junta military dictatorship. Since the impunity laws were nullified by the Supreme Court over two years ago the judicial machinery has slowly clogged into action. While in 2007 the first trials were held where important perpetrators were convicted such as police commissioner Etchecolatz and chaplain Fr. Von Wernich, this year many cases have also been heard in cities far from Buenos Aires such as Corrientes, Tucuman, Cordoba and now Neuquen. In Buenos Aires itself some trials have been completed such as that for the killing of 30 people by Federal Police officers in the Pilar Massacre (August 1976) and another where former members of the Air Force have been indicted (Mansion Seré). To date some of the top perpetrators such as General Benjamin Menendez in Cordoba and former governor ex general Domingo Bussi in Tucuman have got life sentences. In general those indicted have been found guilty but there are exceptions as in the Pilar Massacre when former Federal Police commissioner Trimarchi was acquitted because of an alibi that he was on sick leave when the crime happened. However most of those condemned are serving out their sentences at home due to their advanced ages. Argentine law permits such a privilege to convicts over 70 years old. However for perpetrators, their friends and families these trials are damning experiences. Recently former general Bussi broke down on several occasions while in court. Many felt it was a cynical pretext to escape punishment, maybe, but I could also sense that he was overwhelmed as for the first time ever he was been looked on with disdain by society including by many of his former political supporters and even relatives. One perpetrator in prison Febres a ranking officer in the Coastguard committed suicide almost a year ago although there are doubts if it were not a case of assassination. It is true that special prisons have been habilitated to hold these prisoners with comfortable facilities but perpetrators have become pariahs in Argentine society. In fact only recently one woman, daughter to a well known torturer, decided to change her surname in the attempt to exorcise his presence These sectors are organized and have a leading spokesperson in Cecilia Pando (wife to a young military officer) who is present or represented in most of the courtrooms to support the accused. The situation for the victims and survivors is of course very different but here too there is an inner mobilization which profoundly affects families and friends. After many years of insurmountable impunity suddenly a new ball game has started. Events of some thirty years ago are recalled in the courts and lived through by witnesses. Painful debates take place. Court officers have to digest horror filled stories and take controversial decisions. Here what dominates in Argentina is a lot of conflicting practices. The majority of Federal courts allow public television access to proceedings while others are adamant in maintaining sessions “in camera” with no TV access whatsoever. Such is the case with the Federal court in Buenos Aires. The degree of unpreparedness by authorities for the trials was such that they were totally taken aback by the attacks that witnesses and victims began to suffer. There was much complacency and a non recognition that those indicted did have cronies still active in the security forces who were prepared to go to any limit so as to hinder the judicial process. It was only after the disappearance of key witness Jorge Julio Lopez two years ago in La Plata after giving his testimony that new protective measures were put into place. Countless incidents of intimidation have since been reported all over the country but none with the grave consequence as in the Lopez case where progress has yet to be recorded towards knowing what really happened. The way the courts have proceeded has been on a case-by-case basis. Some human rights groups would have preferred another approach. They say that state terrorism was implemented by key actors and once you could prove the latter’s command responsibility then that should be sufficient. Details of individual cases should not be a priority. However the courts have decided to work on specific cases and only when a perpetrators criminal responsibility can be ascertained here, then is there sufficient proof for a guilty verdict. The consequence is the need for much individual investigation and it is not easy to get evidence especially after thirty years and above all when all repression was carried out in an anonymous manner. But progress has been made and human rights criminal lawyers and investigators can be proud of the job they are doing. Sometimes they are up against formidable odds as perpetrators can contract senior and most experienced law firms to defend them. It is noticeable in the courtroom the age difference between the differing counsels. Personally I feel very positive about the commitment of so many young legal workers to pursuing these trials and really admire their competence. A final comment on the aftermath of a human rights trials. Normally perpetrators go to prison to serve out their sentences but the family and victims return to their daily life. However here there is definitely a before and an after, and really we are not prepared. We have lived so long with impunity that justice became a precious ideal. Now that justice has been done we are not sure it was such an ideal after all. There are many painful circumstances in the process and the sentence may not be at all the right one. Closure? Yes and no! Despite the fact that criminal investigations have been completed and convictions handed down, there is always a sense of inadequacy. The lives that were so brutally cut down are not restored and we are called to resign ourselves to those limits. This is the inner dilemma which all victims and witnesses involve must go through. There is undoubtedly a subjective difference operating in one’s inner self before and after a trial. An important threshold has been crossed. The challenge then is what now? Where do we go on from here? It the fundamental challenge facing the human rights movement in Argentina. Secret Detention Centers as Memorial Sites Surprisingly inanimate reality can be starking and cruel in places like Auschwitz, Buchwald or Dachau where even nature itself seems tarnished by the crimes committed there.mOftentimes the birds and the trees may seem different there. What then to do with such places? Well Argentina now has to deal with many former secret detention centers all over the country where horrible crimes were committed: ESMA, Campo de Mayo, Olimpo, Orletti, Atletico among others. There has been a series of very diverse initiatives but with all the same intention to render tribute to victims who suffered so much in such places. Some are police basements still under excavation as in the Atletico near the center of Buenos Aires, others are the ornate Officers Casino at ESMA, Orletti which is a still used automobile mechanical workshop, Olimpo, a former tram and transport center. They come in all shapes and sizes from schools in Tucuman to private houses in Rosario. There is unanimity in that they be preserved as memorial sites but there is an intense debate if other activities can also go on in these premises. The ESMA complex has many buildings which are now been given different uses by human rights organizations and activities from training workshops to concerts are regularly programmed there. But all are not happy. One survivors association boycotts such activities and considers them to be inappropriate. One critique considered even that ESMA was fast becoming a “shopping mall” for human rights. Personally I would try to be as practical and forward looking as possible. One needs much creativity in designing the memorial site and especially the interpretative center that should be at the core of its activities but then one can broaden out into all aspects of the human rights agenda in terms of utilizing spaces available. In that way other sectors of the community can and should be involved. Otherwise the traditional human rights movement will find itself burdened down in administering all of these memorial sites. The overriding concern is that the crimes of the past will never be repeated in the future. Recovery of Identity by Children of the Disappeared. The process of identification of the true identity of people born during the secret captivity of their mothers during the dictatorship has really accelerated this year as a result of having improving the genetic DNI bank but above all because of the initiative of many adoptees, now adults, who inquire about their true identity by going to Abuelas (the grandmothers organization that has as its mission the recovery of children disappeared during the dictatorship). Over the last few months there has been two cases announced every month and one can quite easily imagine the commotion such a happening produces in the family concerned. I know of one case of a girl who had searched for a sibling for over 30 years and then in one phone call discovered that her sister has been located. New family relationships have to be established and one can imagine the different feelings and contradictions he or she must experience. One Eugenia Sampayo brought her “appropriating“ parents to court for willfully changing and concealing her identity for almost 30 years. Eugenia won the case but the sentences handed down were moderate indeed. This process will of course continue and fledgling human rights movements such as H.I.J.O.S. (Hijos por la Identidad y la Justicia contra el Olvido y el Silencio; children of the disappeared) and NIETOS (grandchildren) will continue to collectively elaborate the intricate emotional dimensions of such stories. In fact as some of those born during the captivity of their mothers have achieved important political positions as elected representatives - such is the case of Congress representative Victoria Donda and Buenos Aires city legislator Juan Cabandie - the issue is very much in the public eye. “Work in progress” is an appropriate description then of what is happening among the families of the disappeared and survivors in Argentina. We still don´t know exactly how the Argentine human rights movement will be changed in the process but there is no doubt that new dynamics are at work. The movement will be geographically more diverse spread as it is around the country and not just centered in Buenos Aires. Then there is the emergence of a new class of professional human rights workers together with the traditional activist stalwarts which I find to be very exciting. The Madres are of course into their final lap after more than 30 years of faithful struggle and the baton has to be handed on. The international dimension has been revitalized with investigations of “Plan Condor” which is good news for FEDEFAM. One thing is sure is that the struggle for truth , justice and memory will continue to be top of the political agenda in Argentina and many other Latin American countries for many more years. Patrick Rice FEDEFAM Buenos Aires October 3rd 2008 -- Background Information The vast majority of disappearances in Argentina occurred in the context of the military coup that took place on March 24, 1976, which repealed the democratic Government of Peron. The armed forces seized power and took over the government until 1983. This military government took measures of repression against the opposition and leftist groups usingharsh illegal measures (the 'Dirty War'). Most of the cases reported to UNWGEID occurred between 1975 and 1978 under the military government in its campaign against the left win guerrillas and their alleged sympathizers. |
| Federations and Organisations | |
|---|---|
| Federation | Federación Latinoamericana de Asociaciones de Familiares de Detenidos-Desaparecidos (FEDEFAM) |
| Website | http://www.desaparecidos.org/fedefam |
| Contact | Postal Address: Fedefam 2444 - Carmelitas 1010-A Caracas, Venezuela Office: Edif. Aldomar Piso 7 - Oficina 55, Marrón a Cují TF: +58.2.564.0503 Fax: +58.2.564.2746 e-mail: fedefamorg(at)cantv.net |
| Focus | Enforced Disappearances in Latin American Region |
| Organisation | Abuelas Plaza de Mayo |
| Website | www.abuelas.org.ar |
| Contact | |
| Focus | Enforced Disappearances of Children in Argentina |
| Member of | Federación Latinoamericana de Asociaciones de Familiares de Detenidos-Desaparecidos (FEDEFAM) |
| Organisation | Asociación Madres de la Plaza de Mayo |
| Website | www.madres.org |
| Contact | |
| Focus | Enforced Disappearances in Argentina |
| Member of | Federación Latinoamericana de Asociaciones de Familiares de Detenidos-Desaparecidos (FEDEFAM) |
| Organisation | Comisión Pro-Monumento a las Víctimas del Terrorismo de Estado |
| Website | www.parquedelamemoria.org.ar |
| Contact | Comisión pro Monumento a las Víctimas del Terrorismo de Estado Perú 160, 1° piso Ciudad Autónoma Buenos Aires (C1067AAD), Argentina Tlf: 4338-3000 Fax: 4338-3000 |
| Focus | Remembrance, information center, reporting cases of disappearances |
| Organisation | Familiares de Desaparecidos y Detenidos por Razones Políticas (Familiares) |
| Website | www.desaparecidos.org/familiares |
| Contact | |
| Focus | Enforced Disappearances for Polical Reasons in Argentina |
| Member of | Federación Latinoamericana de Asociaciones de Familiares de Detenidos-Desaparecidos (FEDEFAM) |
| Organisation | Hijos por la Identidad y la Justicia contra el Olvido y el Silencio (H.I.J.O.S) |
| Website | www.hijos-capital.org.ar |
| Contact | |
| Focus | Human Rights in Argentina |
| Organisation | Madre de la Plaza de Mayo - Linea Fundadora |
| Website | http://www.madresfundadoras.org.ar/ |
| Contact | |
| Focus | Enforced disappeances in Argentina |