the right to truth - eaaf · 2011-05-11 · 176 special section: the right to truth eaaf 2007-2009...

176

Special Section: the Right to truth

EAAF 2007-2009 triAnnuAl rEportEAAF 2007-2009 triAnnuAl rEport

Supporting the right to truth and the right to justice is a fundamental pillar of eaaF’s work. these rights are particularly crucial in cases of political disappearance, where attempts are frequently made to erase or hide the material traces of the crime. a key component of the team’s work is to recover and analyze physical evidence, contributing physical evidence of what happened and how it happened to courts, families, and local organizations that support families. this section provides information on cases from 2008 and 2009, both in argentina and abroad, with a focus on cases where eaaF has participated.

Buenos Aires, Argentina, 1976. Former dictator Jorge Rafael Videla, who led the junta in Argentina from 1976 to 1981, shown here at the opening of the Exposición Rural in 1976. Photo: Edgardo E. Carbajal.

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EAAF 2007-2009 triAnnuAl rEport


EAAF 2007-2009 triAnnuAl rEport 177EAAF 2007-2009 triAnnuAl rEport

Right to Truth and Justice in Argentina

TIMELINE

1976-1983 Military government in power.

1983 December

Argentina

returns to

democracy.

1983-1989 Raúl Alfonsín’s

administration.

1983 December

Congress declares

the military

regime’s self

amnesty for any

wrong-doing

during the “Dirty

War” null.

1984 The National

Commission

on the

Disappearance

of Persons

(CONADEP),

appointed

by President

Alfonsín, works

for nine months

and releases

Nunca Más, an

official report

summarizing cases

of abduction,

disappearance,

torture, and

executions under

Junta rule.

>>

ArgentinATrials against Junta Members and Impunity Laws

A fter eight years of mili-

tary government rule,

Argentina returned to

democracy in 1983. In 1984,

the National Commission on

the Disappearance of Persons

(CONADEP) reported on close to

9,000 disappearances committed

by the state between 1976 and

1983. The following year, nine top

junta members and other high-

level commanders were tried for

human rights abuses committed

during their rule. They received

varying sentences, including life

in prison for some. Cases against

military officers, particularly those

affecting officers on active duty,

created increased agitation in the

armed forces. After several mili-

tary uprisings, former President

Raúl Alfonsín and the congress

passed two partial impunity laws.

The Full Stop Law of 1986 set a

60-day deadline for the initiation

of new trials. The Due Obedience

Law of 1987 effectively granted

immunity to all but the top com-

manders of the military. For more

than twenty years, these two laws

impeded the prosecution of mili-

tary officers for most human rights

abuses committed during the last

military repression. Furthermore, in

1989 and 1990, former President

Carlos Menem issued pardons to

over 400 senior officials, includ-

ing the top commanders. This

prompted human rights activists

to advocate for the prosecution of

officials abroad, mostly for crimes

committed against Argentines

with double citizenship, especially

when second citizenship was from

a European country. These pros-

ecutions took place primarily in

France, Italy, Sweden, Spain, and

the US and have been pursued

under the principle of universal

jurisdiction for crimes against

humanity.1

Truth TrialsTruth trials are an innovation par-

ticular to the Argentine judicial

system. These truth trials began

in 1995 and continue today, most

prominently in La Plata, the capital

of Buenos Aires Province. In truth

trials, courts investigate impunity-

covered human rights violations

without the possibility of criminal

convictions. While they lack pros-

ecutorial authority, the courts’

truth trials serve as an important

judicial process to uncover the

truth about the past. While the

trials were not legally binding,

defendants could be prosecuted

if they gave false testimony. Since

the annulment of the impunity

laws in 2005, testimony and evi-

dence collected in these trials are

now being presented as part of

criminal proceedings. Importantly,

the right to truth continues to be

recognized by courts, leading in

some cases to judicial investiga-

tions of repression-era events on

these grounds.

Annulment of Impunity LawsWhen elected in 2003, President

Néstor Kirchner made overturning

the impunity laws one of his top

priorities. In mid-August 2003,

stating the unconstitutionality of

the impunity laws, both houses

of the Argentine Congress voted

by large majorities to nullify the

Full Stop and Due Obedience

Laws with retroactive effect.

However, it was not until June

14, 2005, when the Supreme

Court made a long-awaited rul-

ing that the impunity laws were

unconstitutional, that the way

was cleared for the reopening of

major criminal cases against mili-

tary officers. Since then, federal

courts have reversed the pardons

issued by President Menem, find-

ing that those originally convicted

should serve their sentences. In

May 2007, the Attorney General

found the presidential pardons to

be unconstitutional. The Supreme

Court nullified the pardons the

following July.2

In 2004, foreseeing the open-

ing of new cases, the Attorney

General ordered the creation of the

Assistance Unit for Cases of Human

Rights Violations Committed Under

State Terrorism, headed by Federal

Prosecutor Félix Crous, to col-

laborate with federal magistrates,

investigate, and prosecute crimes

perpetrated during the last military

dictatorship. The unit is currently

acting as the plaintiff in over 20

ongoing penal cases, including two

178



major “mega-cases” (see below). In

2007, the Attorney General created

a second unit, the Prosecutor’s Unit

for Coordination and Follow-Up,

to monitor the progress of human

rights cases active throughout the

country. At the end of 2008, the

Prosecutor’s Unit reported that tri-

als were proceeding very slowly and

that too few courts were handling

too many cases. The Supreme Court

issued recommendations shortly

thereafter to improve the handling

of cases.3

Ongoing Human Rights CasesAccording to official figures, as of

2007 over 1,200 cases were open

or being opened in Argentine

courts for human rights violations

committed during the last dicta-

torship, with some open cases

dating back to the 1980s.4 Over

the last five years, many of these

have been grouped into “mega-

cases” based on military zoning,

such as the cases involving the

First Army Corps or those involv-

ing clandestine detention centers

(CDCs), such as the CDC at the

Navy School of Mechanics (ESMA).

According to the Prosecutor’s Unit

for Coordination and Follow-Up,

as of June 2010, 656 individu-

als have been or are being tried

for cases related to the last mili-

tary dictatorship.5 In addition, the

Center for Legal and Social Studies

(CELS) documents 1,706 total

charges that have been brought

before the legal system, with sev-

eral defendants implicated in mul-

tiple cases. So far, 167 cases have

resulted in guilty charges, while 15

cases have resulted in no charges.

There are 40 fugitives from justice

in these cases.6

Major Judiciary Proceedings

Camps and Camps II CasesThe Camps and Camps II cases,

which both began in the 1980s,

are mega-cases investigating

crimes allegedly committed by the

Province of Buenos Aires police

force during the last military dicta-

torship. General Ramón Camps was

chief of the police of the Province

Mendoza, Argentina, 1984. After the fall of the last military dictatorship, teams composed of survivors and staff from the local Truth Commission (CONADEP) reconstructed the layouts of CDCs throughout the country. This picture is from the Police Headquarters in the city of Mendoza, where security forces operated a CDC known as D2. Photo: CONADEP.

1985 Trials of nine

top Junta

members for

human rights

violations

committed

during the

military

dictatorship

begin.

1986 December

Full Stop partial

impunity law

put into effect

by President

Alfonsín.

1986 December

Trials for high

ranking police

forces officers

end.

1987 April

First military

uprising by

an Army

faction called

Carapintadas

demanding full

impunity, the

end of trials, and

full vindication

of the Army

for the “Dirty

War,” among

other requests.

Hundreds of

thousands

of civilians

demonstrate

against the

military uprising

for four days in

squares all over

the country.

>>




of Buenos Aires between April

1976 and December 1977, at the

peak of the repression. A network

of CDCs operated under his juris-

diction during that time, including

several inside police stations. In

1987, when the Due Obedience

Law was passed, the Camps cases

were shelved. However, before

that law came into effect, General

Camps had been sentenced to 25

years in prison. Other high-rank-

ing officers from the police force

were also sentenced at that time

to between four and 23 years of

prison. All of them were released

under the Due Obedience Law. In

March 2004, after the law was

annulled, the Federal Chamber

of the Federal Capital resolved

to reopen the Camps cases. The

magistrate ordered all of the offi-

cials, except General Camps who

died in 1994, to serve their full

sentences.

The Camps II case resulted from

the sentences of the original

Camps case and is ongoing. It

includes charges of illegal depri-

vation of liberty and torture in

18 cases against former police-

men active at the CDCs Pozo de

Arana and San Justo Brigade. On

May 6, 2008, a Federal Judge in

La Plata issued a detention order

for General Manuel Ibérico Saint-

Jean, the ex-governor of the prov-

ince of Buenos Aires during the

last military dictatorship, as well

as Jaime Lamont Smart, who was

Saint-Jean’s minister at the time.

They remain in detention.7

eaaF participation: In February

2008, at the request of the

Federal Court No. 3, EAAF mem-

bers started to excavate the site

of a former CDC, Pozo de Arana,

which was located in a police sta-

tion. EAAF was seeking a poten-

tial clandestine burial site in the

back yard of the (still operational)

police station. EAAF members

found over 10,000 bone frag-

ments, many badly burnt. Also

present, in a wall dividing the

police yard, were more than

200 bullet holes dating from the

CDC’s period of operation. This

was consistent with survivors’ tes-

timonies that prisoners were exe-

cuted against that wall and their

bodies were burned on the prem-

ises while the CDC was still active.

The remains were transferred to

EAAF for laboratory analysis. In

2009, EAAF presented a report to

the courts and testified using the

evidence related to the CDC Pozo

de Arana.

1987 May

Due Obedience

impunity law put

into effect by

President Raúl

Alfonsín.

1987 End of most

prosecutions

related to the

“Dirty War,”

except for the

kidnapping of

children and

other offences

not covered by

the impunity laws.

1988 January

Second military

uprising by the

Carapintadas

to stop all

pending trials

and vindicate the

actions of the

Army during the

“Dirty War.” Main

leaders detained

and prosecuted.

1988 December

Third military

uprising by the

Carapintadas

aimed at freeing

leaders from the

previous uprising,

restoring the

army’s “dignity”

for its role in

the war against

“subversion,” and

stopping the few

pending trials,

such as the one

involving General

Suárez Mason.

Main leaders

detained and

prosecuted.

>>

1983. Former Argentine General Ramón Camps, who oversaw the Buenos Aires police from 1976 through 1977. After the end of the dictatorship, crimes committed under his command were the focus of the Camps and currently the Camps II mega-cases. He was found guilty of multiple crimes in 1986, pardoned by President Carlos Menem in 1990, and then died in 1994. Photo: Revista Gente.

180



ESMAThe ESMA mega-case investi-

gates the crimes allegedly com-

mitted at the Navy School of

Mechanics (ESMA), where one of

the largest CDCs operated dur-

ing the 1976-1983 dictatorship.

This case, reopened in 2003,

was originally part of the 1985

trials against junta members. In

2005, Federal Prosecutor Eduardo

Taiano requested the arrest of 295

individuals involved in the disap-

pearance of 614 persons illegally

detained at ESMA. Among the

victims are the French nuns Alice

Domon and Léonie Duquet, as well

as the journalist Rodolfo Walsh.

Federal Judge Sergio Torres, who

presides over the ESMA case,

announced a pre-trial confine-

ment for five other perpetrators

implicated in ESMA. In November

2008, Claudio Orlando Pittana, a

noncommissioned officer of the

Federal Police, who had been a

fugitive since April 2008, was

located and detained in Saavedra,

Argentina.8 Pittana is charged with

involvement in crimes committed

at ESMA by Task Group 3.3.2.9

Also being charged for crimes

committed by Task Group 3.3.2 is

former Argentine Navy Lieutenant

Ricardo Cavallo. Cavallo was

extradited from Mexico to Spain

in 2003, where he was tried on

charges of genocide and ter-

rorism. After trials reopened in

Argentina, it was ruled in Spain

that priority should be given to

Argentine courts, despite an

appeal in the Spanish courts

arguing that the case was more

advanced in Spain and should

be continued there.10 Eventually,

in March of 2008, Cavallo was

extradited to Argentina to face

trials regarding Task Group 3.3.2’s

activities at ESMA.11 Cavallo con-

tinues to be detained and will be

prosecuted at an oral proceeding

1989 January

Armed takeover

of a military base

at La Tablada by

left wing group

Movimiento

Todos por la

Patria (All for

the Homeland

Movement), led

by ex-members

of the disbanded

guerrilla

group, Ejército

Revolucionario

del Pueblo

(People’s

Liberation Army,

ERP), and former

human rights

activists, among

others. Twenty-

eight guerrillas

and eleven

military and

police officers

died, and twenty

guerillas were

later prosecuted.

1989 May

Carlos Saúl

Menem elected

president.

1989 June

Social uprising

due to economic

instability.

Hyper-inflation,

economic chaos,

and several days

of looting in

main cities result

in the transfer of

the presidency

from Alfonsín

to Menem six

months earlier

than scheduled.

>>

Schematic of the CDC at the Navy School of Mechanics (ESMA) in Buenos Aires. The maps, constructed by CONADEP and CDC survivors, show how different spaces were used, as well as structural changes since the CDC closed. Graphic: CONADEP.




for kidnappings, torture, and dis-

appearances that happened at the

ESMA CDC during military rule.

Currently, the ESMA case impli-

cates 65 individuals, with a fur-

ther seven sought outside of the

country.12 In December 2008, the

Appeals Court ruled for the free-

ing of 11 ex-Navy men in preventa-

tive detention, among them Jorge

Acosta and Alfredo Astiz, both

leading figures in the violations

committed by Task Group 3.3.2.

They had been in preventative

detention for three years, the legal

limit in Argentina. The Supreme

Court reviewed the appeal, but

the individuals were determined

likely to flee.13 Hearings began in

December 2009, in oral proceed-

ings at the Federal Tribunal No. 5

against Astiz, Acosta, and Cavallo.

An extradition request from the

French judicial system for Astiz,

due to his alleged involvement in

the killings of French nuns Léonie

Duquet and Alice Domon, was

rejected in April 2010 because he

was being tried for the same crimes

in Argentina.14 Ex-admiral Emilio

Eduardo Massera was excluded

from the trial after the court veri-

fied “mental instability.”15

In December 2009, cases began

against two bureaucrats from the

last military dictatorship, the for-

mer Secretary of the Ministry of

Economics, Juan Alemann, and

the former Prosecutor for Penal

Enforcement (Fiscal de Ejecución

Penal), Oscar Hermelo. Oscar

Hermelo was charged with con-

fiscating the automobiles of dis-

appeared individuals in 1977 and

arranging for their use in kid-

napping operations, as well as

selling these confiscated cars for

profit.16 Alemann was charged

with knowledge of the activities

occurring in ESMA, due to testi-

monies collected that alleged his

presence on site.17

1989 October

First presidential

pardon of some

military officials

accused of

human rights

violations,

guerrilla

members, and

others accused

of belonging to

or supporting

guerrilla groups,

the main military

leaders of the

Malvinas war,

and the leaders

of three military

uprisings by

President

Menem. The

main leaders

of the recent

military uprising

are ordered to

take an early

retirement.

1990 December 3

Fourth military

uprising by

some of the

same leaders of

previous ones,

interpreted this

time by the

government and

army as a military

coup attempt.

Fifteen soldiers

and civilians died;

rebellion ended

in two days. Main

leaders detained

and prosecuted.

1990 December 29

Second

presidential

pardon of all

former Junta

>>

Buenos Aires, Argentina, 2009. Former Argentine Navy Lieutenant Ricardo Cavallo, charged with involvement in crimes committed by Task Group 3.2.2 at ESMA. Photo: Sergio Goya.

182



eaaF participation: The ESMA

case, filed in the Federal Chamber

of the Federal Capital, contains

EAAF expert reports on the

identifications of three founding

members of the Mothers of Plaza

de Mayo: Esther Ballestrino, María

Eugenia Ponce, and Azucena

Villaflor, as well as the French

nun, Léonie Duquet. The first

three women were all reported

to have been seen at ESMA,

and, between 2004 and 2006,

were identified by EAAF based

on a long historical investigation

and anthropological and genetic

analyses. Their remains had origi-

nally been found washed up on

the Argentine coast and then

given an “N.N.” burial. This case

is particularly important because

it is the first forensic investigation

providing strong evidence that

indicates that kidnapped people

who had been seen alive in ESMA

and remain disappeared are likely

to have been dropped into the

ocean.

First Army ZoneThe First Army Zone mega-case

investigates crimes allegedly com-

mitted in the region comprising

the Federal Capital and parts of

the provinces of Buenos Aires and

La Pampa, excluding those CDCs

operated by the Buenos Aires

Police (including ESMA, among

others).18 The case is being over-

seen by Judge Daniel Rafecas, and

more than 100 individuals are cur-

rently being charged.19

In 2009, two different sections of

the trial investigating First Army

Zone crimes were unified. They

are linked through common judi-

cial cases involving former gen-

eral Olivera Róvere, who is being

tried in one section for his alleged

involvement in 120 cases of ille-

gitimate deprivation of liberty

and four cases of homicide, in his

capacity as chief of the sub-zone

of the Federal Capital. Proceedings

regarding the second section (also

involving Olivera Róvere) started in

April 2009. This trial includes 154

illegitimate deprivations of liberty.

Róvere was allegedly involved in

32 of them.

This mega-case also includes crimes

committed at the Automotores

Orletti, a CDC in the First Army

Zone. In the Automotores Orletti

case, 15 of the 16 suspects are

currently under pre-trial confine-

ment. In 2008, five defendants

received pre-trial confinement in

other First Army Zone cases as

well. A trial for the CDC circuit

of Atlético, Banco, and Olimpo

began in November 2009, impli-

cating 15 individuals,20 and a trial

relating to the CDC El Vesubio was

arraigned in 2006, but first heard

only in April 2010.21

The Fátima Massacre is also part

of this mega-case, in which 30

members, other

high ranking

military officials,

and one guerrilla

leader, who still

remained in jail.

1990s Foreign trials

and extradition

requests relating

to human rights

abuses under

Junta rule begin.

(Most continue at

present, including

court proceedings

in Spain, Italy,

Sweden, France,

Germany, and

Mexico.)

1994 Daniel

Tarnopolsky

wins a civil case

initiated in 1987

against Admiral

Emilio Massera

for the latter’s

role in the

disappearance

of five members

of Tarnopolsky’s

family. He is

awarded 1.2

million dollars.

The case is

appealed.

1994 The government,

under President

Menem,

establishes

reparations laws

for families of

disappeared

people,

attempting to

some extent to

stop thousands

of civil suits

similar to the

Tarnopolsky case.

>>

Azucena Villaflor (shown here dancing with her son), one of three founding members of the Mothers of Plaza de Mayo, was disappeared in 1977, and later seen by survivors in ESMA. Her remains were identified by EAAF in 2005 and her identification is being used in the ESMA mega-case.




individuals were extrajudicially exe-

cuted, reportedly following their

illegal abduction and detention at

the Office of the Superintendent

of Federal Security of the Federal

Police in the Federal Capital. The

victims were tied up, blindfolded,

and shot in the head. After the

execution, they were dynamited

on a road close to Fátima de Pilar.

The majority of the victims spent

their captivity at the CDC in the

office of the Superintendent of

Federal Security, an entity within

the Federal Police of Argentina

located in the middle of the city of

Buenos Aires.22

On July 11, 2008, the Federal

Tribunal No. 1 condemned two

former inspectors of the Federal

Police to life imprisonment terms

for involvement in the Fátima

Massacre case. They were con-

victed for illegitimate deprivation

of liberty and homicide of 20 men

and 10 women who had been

kidnapped by forces of the First

Army Corps in 1976. In the same

sentencing, the court decided

to acquit a third defendant who

had been accused of the same

charges.23

New charges were also brought

against former dictator Jorge

Videla, who led Argentina from

1976 to 1981. As part of the First

Army Zone cases under consider-

ation, Videla was implicated in a

further 40 instances of homicide,

kidnapping, and/or torture in

March 2010. Videla was originally

sentenced to life imprisonment in

1985 but was pardoned in 1990.

He resumed house arrest in 1998

due to his role in kidnapping chil-

dren of disappeared individuals (a

crime not covered by the amnesty

laws) and was ultimately trans-

ferred to a military prison in 2008.24

Germany also requested Videla’s

extradition to stand trial for the

homicide of German citizen Rolf

Stawowiok (see the Prosecutions

Abroad section below).

eaaF participation: During

the trial at the Federal Tribunal

No. 5 on May 29, 2008, an EAAF

member gave testimony about

the team’s reconstruction of the

assassinations and identification

of 12 of the victims of the Fátima

Massacre.25 In the case against

Videla, the charges resulted in

many cases from identifications

recently reached by EAAF as part

of the LIID project, including that

of Rolf Stawowiok.

1995 April

Army Chief

General Balza,

in a national

broadcast

message to

the country,

recognizes for

the first time

major violations

and abuses

committed

by the Armed

Forces during

the last military

government.

However, he

provides no

information

about the

whereabouts

of disappeared

people.

1995 Human rights

activists begin

pursuing Juicios

por la Verdad or

“Truth Trials.”

1996 Spanish Judge

Baltasar Garzón

admits cases in

which Argentine

military officers

are named as

responsible for

crimes.

1997 Judge Garzón

issues an arrest

warrant for Navy

Captain Adolfo

Scilingo for the

so-called “death

flights” in which

hundreds of

detainees were

thrown from

airplanes into the

Argentine Sea.

>>

Buenos Aires, Argentina, 2009. Judge Daniel Rafecas of the Federal Court No. 3, overseeing the First Army Zone mega-case. Photo: EAAF.

184



Third Army Corps Jurisdiction The 31-M-87 mega-case investi-

gates human rights violations com-

mitted in areas under the Third

Army Corps’ jurisdiction, head-

quartered in the city of Córdoba

and covering several central and

northern Argentine provinces. The

region experienced one of the high-

est levels of military repression, sec-

ond only to Buenos Aires. 31-M-87

comprises over 450 cases opened

in the 1980s. Almost 50 individuals

have been indicted to date and 24

were placed under precautionary

custody,26 including former Third

Army Corps Chief Luciano Benjamín

Menéndez, now a retired general.

On July 25, 2008, the Federal

Tribunal No. 1 in Córdoba imposed

life imprisonment terms, the

severest penalty under Argentine

law, to four former army officers

and Menéndez for crimes against

humanity.27 These four former

army officers, plus three other

army officers, were convicted in

the kidnapping, torture, and assas-

sination of four militants in 1977,

among them Humberto Brandalisis

and Hilda Flora Palacios. The three

other officers were sentenced to

22 or 18 years in prison.28 In 2009,

Menéndez and five other officers

were tried for further cases related

to disappearances and torture at

the Information Department of

the Córdoba Province Police—a

CDC—and all were found guilty

on December 11, 2009, except

for Calixto Luis Flores, who was

absolved. Four were sentenced

to life in prison, and one, Miguel

Ángel Gómez, to 16 years.29

Menéndez is also under investiga-

tion for the assassinations of two

priests in the province of La Rioja

and for crimes committed as part of

Operation Condor, a covert agree-

ment between military regimes in

the region to exchange intelligence

and political prisoners.30

Former dictator Jorge Videla,

mentioned in the First Army Zone

section above, is being tried in

Córdoba in May 2010 for 32 cases

of extrajudicial execution of pris-

oners under detention. This is the

first time Videla has appeared in

court to face charges since he was

originally sentenced in 1985 as

part of the junta trials.31

eaaF participation: EAAF’s

identification of Hilda Flores

Palacios in 2004 was used in the

case against Menéndez in 2008.

Tucumán ProvinceThere are currently over 500 judi-

cial files, grouped into nine mega-

1999-2001 Fernando

de la Rúa’s

administration.

2001 December

Decree 1581

by President

Fernando de la

Rúa prohibiting

extradition of

former Junta

and high ranking

military officers

for human

rights violations

requested by

mostly European

countries.

2001 December

Argentina

defaults on its

external debt,

and massive

demonstrations

end the De la

Rúa presidency

abruptly. Four

presidents follow

over the next

two weeks.

Peronist Senator

Eduardo Duhalde

is appointed

interim

president.

2003 to 2007 Néstor Kirchner’s

administration.

2003 Supreme Court

refers the issue

of annulment of

impunity laws

to the Court

of Criminal

Cassation.

Vélez Sarsfield, Greater Buenos Aires, 2004. Relatives and survivors tour the former CDC El Olimpo. Crimes committed at this CDC are included in the investigations of the First Army Zone mega-case. Photo: Marcello Castillo.




cases, active in the province of

Tucumán, located in the north

of the country. One of them, the

“Operation Independence” mega-

case, investigates the repression

in Tucumán between 1975 and

1983, which resulted in over 800

cases of disappearance and other

gross human rights violations

(“Operation Independence” was a

pre-coup military operation under

Perón responsible for human rights

violations, lasting from February

9, 1975, to March 1976). Until

the March 24, 1976, coup, the

violations occurred under María

Estela Martínez de Perón, then

President of Argentina. An extra-

dition request from Argentina for

Martínez de Perón was denied by

Spanish courts in 2008 (see the

“Prosecution of Argentine Cases

Abroad” section below).

On August 28, 2008, the Oral

Federal Tribunal in Tucumán

sentenced Antonio Bussi, for-

mer commander of “Operation

Independence,” and Luciano

Benjamín Menéndez to life impris-

onment terms for crimes against

humanity. The two men face fur-

ther charges in 2010 in Tucumán

for disappearances carried out by

the police forces between 1975

and 1979,32 though Bussi has

been deemed unfit to attend the

trial due to poor health.33

eaaF participation: EAAF is

collaborating with the judiciary

by investigating the modus ope-

randi of the repression under

the Second Army Corps jurisdic-

tion, which includes Tucumán. In

December 2009, EAAF identified

Guillermo José Ernst Meschwitz

and Juan Carlos Aguirre whose

remains were found by EAAF at

the Norte Cemetery in San Miguel

de Tucumán. The evidence from

these identifications is currently

being used in trials.

Other CasesIn addition, EAAF presented

evidence in the following

major cases:

Floreal Avellaneda was 15 years old

when he was abducted along with

his mother on April 15, 1976. They

were held at the Campo de Mayo

CDC, San Miguel, Greater Buenos

Aires. Floreal’s body was recovered

in May 1976 from the Uruguayan

coast, identified, and then bur-

ied in a cemetery in Montevideo.

The final burial site is unknown.

His mother was released in 1978.

2003 May

Several Federal

Court judges

declare crimes

against humanity

not subject to

the statute of

limitations.

2003 August

President

Kirchner, with

congressional

support to annul

the amnesty

laws, repeals

2001 Decree

1581; reopening

of criminal

cases; and

ratification of

UN Convention

on the Non-

Applicability

of Statutes of

Limitations to

War Crimes and

Crimes against

Humanity.

2003 September

Federal Chamber

of Buenos

Aires reopens

trials for crimes

committed in

the Navy School

of Mechanics

(ESMA).

2004 August

Supreme

Court upholds

life sentence

of convicted

murderer of

Chilean army

commander

General

Carlos Prats

>>

Antonio Bussi (shown above, far right, in 1976) was the former Army General in command of “Operation Independence”, the 1975 operation launched in Tucumán in 1975 to repress guerrillas (prior to the coup that brought the last military dictatorship to power), and later appointed governor of Tucumán. He was charged with crimes after the return to democracy in 1983, but these trials were halted by the Full Stop Law of 1986. After trials resumed, Bussi was condemned to life imprisonment in 2008. Photo: Revista Panorama.

186



Former General Santiago Omar

Riveros and five other former mili-

tary members were found guilty in

August 2009 for the kidnapping,

torture, and murder of Floreal

Avellaneda. General Riveros had

been a commander of the Fourth

Army Corps during the last military

dictatorship, responsible for oper-

ations in Greater Buenos Aires.

General Riveros oversaw a number

of CDCs, among them Campo de

Mayo, which operated “vuelos de

la muerte” (death flights), where

prisoners were thrown from mili-

tary aircrafts into rivers and the

Argentine Sea. The accused were

convicted by the Federal Tribunal

No. 1 of San Martín. General

Riveros received life imprisonment

and the others received sentences

between 8 and 25 years.34

eaaF participation: A report

by EAAF from 2004 about the

modus operandi of the repression

at Campo de Mayo CDC was

used during the case.

The case of Gastón Gonçalves,

who was disappeared in 1976 in

Escobar, province of Buenos Aires,

implicates former police commis-

sioner Luis Abelardo Patti, who

is also accused of other crimes,

including the disappearance of

five other individuals. Patti was

detained in April 2008, just hours

after Congress barred him from tak-

ing up a seat in Argentina’s lower

house of Congress, which would

have afforded him immunity from

charges. He is currently in Marcos

Paz Prison being prosecuted for

aggravated and illegal deprivation

of life, torture, and forceful entry,

including such crimes in relation to

the disappearance of Gonçalves. On

May 4, 2010, the Supreme Court

rejected a request by Patti to over-

turn his pretrial detention.35 The

case will be heard later in 2010.

eaaF participation: EAAF

recovered and identified

Gonçalves’ remains in 1996.

The Parish of the Rosary

Massacre case, in Catamarca

province, investigates the extra-

judicial execution of 16 members

of the People’s Revolutionary

Army (Ejército Revolucionario del

Pueblo, ERP) in 1974, allegedly

committed by officers of the Third

Army Corps and the Military Unit

of Catamarca. Five of the victims

were buried in “N.N.” graves

(that is, John/Jane Doe graves) in

in Argentina

on grounds

that as a crime

against humanity

the statue of

limitations is

not applicable.

Enrique Aracibia

Clavel was

convicted in

1974 for death

of Prats. In 2003,

Chile denies

requests for

extradition of

other suspects to

Argentina.

2004 March

Federal judge

sentences

medical police

doctor Jorge

Bergés and

former head

of federal

police Miguel

Etchecolatz for

falsification of

identity of child

of disappeared

couple (second

conviction

for both men

allowed under

the above-

mentioned 2003

UN Convention).

President

Kirchner

announces

opening of

Museum of

Memory at

ESMA.

2004 August

Sentencing in the

Tarnopolsky civil

case is upheld

and Admiral

>>

Buenos Aires, Argentina, 1982. Former Police Captain Carlos Enrique Gallone, comforting a mother of a disappeared individual. In July 2008, Gallone was found guilty of kidnapping and murder charges in relation to the Fátima Massacre. His involvement was not known when this photo originally appeared. Photo: Marcelo Ranea/ARGRA.




the cemetery of San Fernando del

Valle, the capital of Catamarca.36

eaaF participation: EAAF

petitioned the courts to exhume

and identify remains from these

“N.N.” graves. Identifications

were made in 2006 of the

body of Rutilio Betancourt, a

Uruguayan citizen, and, in 2007,

of the body of Alberto Rosalez

Sánchez from Santiago del

Estero. In 2008, the remains of

Hugo Cacciavillani Caligari, an

Uruguayan, were identified and

returned to his family. These three

identifications have been included

in the evidence presented during

the investigation of the case.

The Margarita Belén Massacre

case, in Chaco province, investi-

gates the torture and homicide of

22 political prisoners in December

1976 who had been detained in

the Resistencia police district. Army

and Intelligence Battalion 601

personnel, under the command

of General Cristino Nicolaides,

were responsible for the mas-

sacre. Eight military officers and

two police officers were indicted

in the case.37 Nine of them were

detained in the penitentiary unit

of the Armed Forces of Campo de

Mayo. Lieutenant Colonel Norberto

Raúl Tozzo, implicated in the mas-

sacre, was detained in Brazil in

September 2008 and is awaiting

trial. He had been a fugitive since

April 2005. The trials, which were

to begin in the Federal Oral Tribunal

in Resistencia at the end of 2009,

were postponed until March 2010

because the three judges assigned

to the case were also presiding over

a trial against the former military-

appointed governor of Formosa,

Juan Carlos Colombo, which con-

tinued longer than scheduled.38

eaaF participation: As foren-

sic expert for the case, EAAF

exhumed the remains of three

prisoners and has identified two

of them to date as Alcides Bosch

and Luis Alberto Díaz, thus add-

ing to the evidence for the case.

Twelve military officers have

been arrested in connection with

the case investigating Infantry

Regiment No. 9 in the province of

Corrientes, again including General

Cristino Nicolaides, the military

regime’s last army commander. In

2007, Nicolaides and seven other

members of Intelligence Battalion

601 were sentenced to between

20 and 25 years in prison for the

kidnapping, torture, and disappear-

ance of a group of Montoneros, a

guerilla group, who were illegally

detained between 1979 and 1980.

In November 2008, Julio Alberto

Cirino, civil chief of Intelligence

Battalion 601, was detained in a

related investigation.39 In August

2008, Lieutenant Colonel Julio

Rafael Barreiro was given life

imprisonment.40 Three other mili-

tary leaders were sentenced to

prison terms between 18 and 25

years. All of them were sentenced

for crimes against humanity dur-

ing the last military dictatorship in

connection with Infantry Regiment

No. 9. Another officer, Carlos Píriz,

was acquitted.41

eaaF participation: As expert

witness in the case, EAAF has

thus far recovered three skeletal

remains during exhumations.

One of the victims, Rómulo

Artieda was identified. He was

kidnapped by security forces,

killed, and given a “N.N.” burial in

Empedrado Cemetery. Two EAAF

members provided statements

during the trial.42

A case investigating the CDC

La Polaca, in Paso de los Libres,

Corrientes, has resulted in the indict-

ment of six former military officers,

including Pedro Agustín Pasteris,

who had been the national director

of the Gendarmerie.43 He was fired

from this post in October 2005 as

a result of the start of the proceed-

ings. As of now, the judge oversee-

ing the case is moving forward with

judicial proceedings investigating

the systematic use of kidnappings,

torture, and death in the precinct.44

eaaF participation: The team

began collecting information on

the history of the CDC La Polaca

in 2006, which was contributed

to the investigation.

A case is in process investigat-

ing the forced disappearance of

over 100 persons related to the

Ledesma Sugar Mill in 1977, in

the province of Jujuy, known as

“The Night of the Blackout.”

Massera is made

to pay from his

personal funds.

Tarnopolsky

donates the

compensation to

Grandmothers of

Plaza de Mayo.

2005 March

Federal Appeals

Chamber

declares pardons

of six former

army generals by

President Menem

unconstitutional.

Only three are

still living to face

prosecution.

2005 June

Supreme Court

overturns Due

Obedience

and Full Stop

immunity laws.

2005 July

Federal Appeals

Chamber declares

pardons of two

vice-admirals

connected to

human rights

violations

at ESMA

unconstitutional.

2006 June

Trial reopens in

city of La Plata,

province of

Buenos Aires, as

a consequence of

the elimination

of impunity laws

begins. Miguel

Etchecolatz,

>>

188



eaaF participation: EAAF has

conducted investigations in cem-

eteries in the cities of Jujuy and

Yala on “N.N.” burials that could

be related to that episode.

Further cases are taking place

throughout Argentina. Convictions

during 2008 and 2009 include the

following:

nOn November 5, 2008, the

Federal Tribunal No. 5 in Buenos

Aires condemned former Air

Force Colonel Pedro Alberto

Bard to life imprisonment and

Brigadiers César Miguel Comes

and Hipólito Rafael Mariano

to 25 years. They were found

guilty of involvement in the

torture and homicide of Analía

Magliaro and Jorge Candeloro,

as well as for the kidnapping

and torture of Marta García de

Candeloro. These crimes took

place in the CDC Mansión Seré

located on Air Force property in

Morón, Greater Buenos Aires,

as well as in the Air Force Base

in Mar del Plata, province of

Buenos Aires.

nOn February 8, 2009, the Federal

Tribunal of Neuquén condemned

eight former military personnel

for illegal deprivation of liberty

and torture occurring at the

General Roca Prison Unit No. 5.

Among those convicted was for-

mer Brigadier General Enrique

Braulio Olea, who was in charge

of the Engineers Mountain

Battalion No. 181. He received

25 years in prison. The others

received 7–25 year sentences.

nOn April 14, 2009, the Tribunal

of the San Luis Federal Criminal

Court convicted five former

police and army personnel to

life imprisonment. They were

found guilty of involvement in

the illegal deprivation of lib-

erty, torture, and homicide of

Graciela Fiochetti, Pedro Valentín

Ledesma, and “Sandro” Santana

Alcaráz, as well as the illegal

former chief of

investigations

of the Buenos

Aires provincial

police and

who had been

convicted during

the 1980s Camps

investigation,

faces charges on

eight incidents

of illegal arrest,

torture, and

homicide.

2006 August

Federal court

sentences former

police officer

Julio Héctor

Simón to 25

years for the

illegal arrest and

torture of José

Poblete Roa and

Gertrudis Hlaczik

de Poblete.

2006 September

Etchecolatz

sentenced to

life in prison for

murder, torture,

and kidnapping.

Julio López,

one of the main

witnesses against

Etchecolatz,

disappears a few

days before this

sentence.

2007 January

Former president

Isabel Peron

is detained

by Spanish

authorities in

relation to an

investigation in

>>

City of Formosa, Province of Formosa, Argentina, 1984. The former CDC at the headquarters of the 29th Mountain Infantry Regiment. In 2009, the former de facto Governor of Formosa Juan Carlos Colombo was sentenced to 25 years in prison for overseeing crimes committed in the province during the last military dictatorship, including at the 29th Mountain Infantry Regiment CDC. Photo: CONADEP.




deprivation of liberty and torture

of Víctor Carlos Fernández (who

survived his detention).

nThe former prison officials José

María Cuenca and Rubén Alberto

Gómez were sentenced on June

30, 2009, by the Tribunal of the

Posadas Federal Criminal Court.

Cuenca received 20 years in prison

and Gómez received 23 years for

torture and illegal deprivation of

liberty relating to their period of

employment at the Candelaria

Federal Prison, Misiones.

nThe Federal Tribunal of Mar

del Plata found former General

Pedro Mansilla guilty of involve-

ment in the torture and homicide

of Carlos Labolita at the Cavalry

Regiment offices in Azul, prov-

ince of Buenos Aires. Another

officer, Colonel Alejandro Duret,

was found innocent.

nOn October 1, 2009, the Federal

Tribunal of Formosa sentenced

former General (and de facto

Governor of Formosa) Juan

Carlos Colombo to 25 years in

prison for overseeing crimes

committed in the province dur-

ing the last military dictatorship.

nThe Tribunal of the Posadas

Federal Criminal Court found

the two former Colonels Carlos

Humberto Caggiano Tedesco and

Juan Antonio Beltrametti guilty

on October 16, 2009. The first

had been the military commander

of Area 232, which included

the province of Misiones, while

the latter had been governor of

Misiones. They were both sen-

tenced to life imprisonment for

overseeing human rights abuses

committed in the province during

the last military dictatorship.

nOn November 23, the Federal

Tribunal of Corrientes con-

demned former police official

Diego Ulibarrie to 25 years in

prison for leading a kidnapping

raid and overseeing the sub-

sequent illegal deprivation of

liberty, violent detention, and

torture of four persons, all of

whom remain disappeared.

nOn December 23, 2009, the

Federal Tribunal of Santa Fe con-

demned Víctor Hermes Brusa,

Juan Calixto Perizzotti, Héctor

Colombini, Eduardo Ramos,

Mario José Facino, and María

Eva Aebi to between 19 and 22

years of prison for their activities

at the Santa Fe Department of

Police Information (D2). Brusa,

a former federal secretary, was

convicted of illegal judicial accel-

eration of cases against several

individuals leading to their being

detained. The other individuals

were charged with illegal depri-

vation of liberty and torture

(including a forced abortion).

For further information on these

cases and on cases being heard

during 2010, please see the

Argentine Supreme Court report:

Delitos de lesa humanidad: Informe

sobre la evolución de las causas,

actualizado al 16 de julio de 2010

(Human Rights Abuses: Report

on the Advancement of Cases,

Updated Through July 16, 2010).45

prosecutions abroad of argentine cases

Since the late 1980s, the barriers to

justice posed by the impunity laws

within Argentina had prompted

human rights activists to attempt

to prosecute high-ranking mili-

tary officers abroad. The majority

of these cases were for human

rights violations committed against

Argentines entitled to double citi-

zenship and were filed in the coun-

try of the victim’s second nation-

ality, mainly Europe. Prosecutions

were also based on the principle

of universal jurisdiction for crimes

against humanity. Thus far, most of

the defendants have been tried in

absentia, in part because Argentina

did not accept extradition orders

for these cases until August 2003,

when President Néstor Kirchner

repealed earlier decrees.

At the same time, because trials

restarted in Argentina in 2005,

most individuals accused of these

crimes are being tried in the coun-

try and not abroad.

On March 19, 2008, former police

chief Rodolfo Almiron was extra-

dited from Spain. Almiron was one

of the main chiefs of the Argentine

Anticommunist Alliance (AAA), a

Argentina about

kidnappings and

assassinations

carried out by

the Argentine

Anticommunist

Alliance (AAA),

a right-wing

paramilitary

group active

during her

presidential

term.

2007 July

Spanish court

overturns earlier

decision to

extradite former

Navy Lieutenant

Ricardo Cavallo

to Spain, and

bring him to trial

on charges of

genocide.

2007 October

Roman Catholic

priest Christian

Von Wernich

is sentenced in

Buenos Aires to

life imprisonment

for complicity in

acts of torture,

abduction, and

aggravated

homicide while

he was police

chaplain in

Buenos Aires

during the Dirty

War. . Christina

Fernández

de Kirchner

is elected

president.

>>

190



paramilitary group, strongly linked

to the presidential office as well

as the Ministry of Social Welfare

that was responsible for several

hundred assassinations prior to the

military coup in 1976. This extradi-

tion was made possible due to a

ruling by the Federal Chamber of

the Federal Capital, confirming that

the crimes committed by the AAA

qualify as crimes against human-

ity.46 For that reason, they have to

be investigated despite the length

of time that has elapsed since then.

In 2007, a Federal Judge asked

Spain for the extradition of former

president María Estela Martínez

de Perón. President Martínez de

Perón is accused of eleven crimes

committed connected to the AAA

between July 31 and October

13, 1974, involving the assassi-

nations of eight people and the

disappearance of three individu-

als occurring while Martínez de

Perón was in power. The extradi-

tion request for Martínez de Perón

was denied in April 2008, when

the Spanish National Court deter-

mined that her potential involve-

ment did not qualify as a crime

against humanity.47

The Italian Supreme Court of

Appeals confirmed life imprison-

ment for the ex-Navy personnel

Jorge Acosta, Alfredo Astiz, Jorge

Vildoza, and Antonio Vañek on

March 18, 2009. They were found

guilty of the kidnapping and disap-

pearance of Italian citizens Angela

María Aieta de Gullo, Giovanni

Pegoraro, and his daughter, Susana,

who gave birth to a daughter at

ESMA.48 After birth, the baby was

abducted and raised by Policarpio

Vázquez, a Naval officer. The

daughter reclaimed her true identity

in April 2008, establishing her real

biological family history through the

investigation and genetic analysis

conducted by the Grandmothers

of the Plaza de Mayo.49 A fifth

defendant had been former Naval

officer Héctor Febres, who died in

December 2007 in his apartment

after possible cyanide poisoning.50

Vildoza has remained a fugitive for

more than 20 years.51

In January 2010, a tribunal in

Nüremberg, Germany, issued an

arrest warrant for former dicta-

tor Jorge Videla for the forced

disappearance and death of Rolf

Stawowiok, a German citizen, dis-

appeared in Argentina on February

21, 1978.52 The court originally

requested the extradition of Videla

2007 December

Former Coast

Guard officer

Héctor Febres

is poisoned by

cyanide while

detained on a

Coast Guard

brig. He was

four days from

sentencing in his

case relating to

activities at the

ESMA CDC.

2008 March

Former Police

Chief, Rodolfo

Almiron, one of

the main chiefs

of the Argentine

Anticommunist

Alliance (AAA) is

extradited to

>>

Former President Maria Isabel Martínez of Perón giving a press conference in 1975, prior to the 1976 coup that removed her from power. She was detained by the military in Argentina for five years and then sent to exile in Spain in 1981. Photo: Revista Para Ti.




in 2007 but the request was denied.

After Stawowiok’s identification

by EAAF in 2009, the Nüremberg

tribunal reopened the case and

requested the extradition again.53

Conclusion Over the past 24 years, EAAF team

members have served as expert

witnesses in numerous human

rights cases, filing forensic reports

in judicial investigations of human

rights violations in Argentina. After

the impunity laws came into effect,

these reports could not be used

toward the prosecution of most

dictatorship-era crimes, but EAAF

continued to work as an expert wit-

ness within a judicial framework—

as part of Truth Trial investigations

and under court auspices. With the

annulment of the impunity laws,

EAAF’s expert testimonies are once

again being considered in crimi-

nal proceedings involving human

rights violations in Argentina.

Argentina from

Spain, to stand

charges over

responsibility

in hundreds of

assassinations

prior to the

military coup in

1976.

2008 July

The Federal

Tribunal No. 1

condemns two

former inspectors

of the Federal

Police to life

imprisonment

terms for

involvement

in the Fatima

Massacre case,

involving the

homicide of

20 men and 10

women.

2008 July

The Federal

Tribunal No. 1 in

Córdoba imposes

life imprisonment

terms for four

former army

officers and

Menendez for

crimes against

humanity.

2009 March

The Italian

Supreme Court

of Appeals

confirms life

imprisonments

for the ex-

marines Jorge

Acosta, Alfredo

Astiz, Jorge

Vildoza

>>

Buenos Aires, Argentina, 2009. Former Navy personnel Jorge Acosta (top) and Alfredo Astiz (bottom), shown during hearings in Argentina. They received multiple convictions in Argentina, and were also sentenced in absentia to life imprisonment by the Italian judicial system, for the kidnapping and disappearance of Italian citizens Angela María Aieta de Gullo, Giovanni Pegoraro, and his daughter, Susana. Astiz had previously been convicted in absentia by the French and Swedish judicial systems for crimes related to the disappearance of their citizens residing in Argentina. Photos: Sergio Goya.

192



Other International Cases

Mexico“Cotton Fields” Case

In April 2009, EAAF provided writ-

ten testimony in the Inter-American

Court of Human Rights (IACHR)

investigation of the “Cotton

Field” (Campo Algodonero) case.

This case relates to the homicides

of eight women, all found on the

same vacant lot in Ciudad Juarez,

Mexico, in 2001, and examines

possible wrongdoing in the gov-

ernment investigation of the

crimes. At the request of the fam-

ilies of the victims and the State

Prosecutor’s Office, EAAF worked

on the forensic re-examination

of the official identification and

cause of death for seven of these

eight “Cotton Field” remains

from 2005 to 2007. Based on

its anthropological and genetic

analyses, EAAF concluded the

following:

nFor three of these seven remains,

the official identifications were

incorrect.

nTwo of these remains were

positively re-identified by EAAF

as belonging to two other dis-

appeared women, while the

third skeleton continues to be

unidentified.

nOne of the disappeared women—

wrongly identified by officials as

one of the remains from Cotton

Field—was identified by EAAF

along with another skeleton

found a year after those recov-

ered from Cotton Field, in another

location within Ciudad Juarez.

nThe other two female victims

originally wrongly identified as

remains from Cotton Field were

returned to the category of

“disappeared” and continue to

be disappeared as of the writing

of this report.

After being initially contacted

in 2007 by the Inter-American

Commission on Human Rights

(the body that refers cases to

the IACHR), the team submit-

ted 70 pages of written evidence

plus supplementary documents

in response to the court’s ques-

tions. The testimony detailed the

team’s findings and experiences

with irregularities in official inves-

tigations, not only in relation to

the “Cotton Field” case, but from

throughout EAAF’s years of work

in Ciudad Juarez and Chihuahua.

Three other EAAF consultants

from the pathology, anthropology,

and legal areas also provided writ-

ten evidence for the court.

and Antonio

Vañek, related to

their involvement

in the

disappearance

and murder of

three Italian

citizens.

2009

December

Menendez and

four officers

found guilty

of forced

disappearances

and torture; four

sentenced to life

in prison and one

sentenced to 16

years in prison.

2010 January

Germany seeks

to extradite

former de facto

President Jorge

Videla to stand

trial for the

murder of Rolf

Stawowiok,

a German

citizen raised in

Argentina.

2010 May

Charges are

brought against

five former

military officials,

active at the CDC

Automotores

Orletti, and

reportedly

connected with

crimes committed

against foreign

nationals as part

of Operation

Condor.

Ciudad Juarez, Chihuahua, Mexico, 2005. Irma Monreal Jaime holding a portrait of her daughter, Esemeralda Herrera Monreal, one of the eight victims of the case known as “Cotton Field”. Photo: Timothy Fadek/Polaris Images.




The IACHR only considered three

of the eight cases and reached

a decision in November 200954

condemning the Mexican gov-

ernment for its handling of the

“Cotton Field” investigation. The

court found that the women were

victims of gender violence and

faulted the national government,

the state government, and the

government of Ciudad Juarez for

failing to protect the right to life,

rights of children (two of the three

victims considered were adoles-

cents), and personal integrity and

liberty of the individuals, among

other rights. The court ordered

reparations for the families of the

victims. The decision also cited the

failure of Mexican government

officials to properly investigate the

cases (which partly lead to EAAF’s

re-examination). This decision rep-

resents the first ruling against the

Mexican state involving the right

to life and forced disappearance,

and also the first ruling by the

IACHR with the central theme of

women’s rights.

Radilla CaseEAAF was also involved in another

IACHR decision against the Mexican

state in December 2009, involv-

ing the disappearance of Rosendo

Radilla Pacheco by the Mexican

Army. Radilla was a local labor

organizer and former mayor of the

small town of Atoyac, Guerrero.

The IACHR found the Mexican

state responsible for the forced

disappearance of Radilla in 1974,

determining that, after having been

detained at a military checkpoint,

he was subsequently disappeared

to the Atoyac Military Base. The

IACHR ordered the Mexican state

to provide reparations to Radilla’s

family and called for further inves-

tigations into the possible location

of Radilla’s burial at the Atoyac

Military Base.55 EAAF was involved

as an advisor in initial excavations

at the base in June 2008, which

were unable to locate graves.56 The

investigation is ongoing.

Tlachinollan CaseA case was presented to the Inter-

American human rights system

by the Tlachinollan Human Rights

Center of the Montaña (CDHM)

in 2004, dealing with two indig-

enous women who were report-

edly raped by army personnel (in

two separate events in 2002).

EAAF was asked by CDHM to

review the forensic exam that

one woman received (for which

the team contracted a Colombian

forensic pathologist)57 and to do a

legal examination of the assistance

received by the women from the

state to determine whether it con-

formed to Mexican and regional

standards. EAAF produced a

report for CDHM in 2010 that was

presented to the Inter-American

Court on Human Rights.

The case was officially known as

“Fernández Ortega and Others vs.

Mexico” (Caso Fernández Ortega

y Otros vs. México) and the Inter-

American Court on Human Rights

heard the case in April 2010. The

judgment was issued in August

2010, and the Mexican government

was found responsible for failing to

properly investigate the case and

protect the women’s rights.58

2010 October

Former President

Néstor Kirchner

dies in his home

after suffering

from a heart

disease.

2010 December

In Córdoba,

former de

facto President

Jorge Videla

sentenced to life

imprisonment

for murder of

31 individuals

during his rule.

n

San Jose, Costa Rica, 2010. The Inter-American Court of Human Rights, which heard the “Cotton Field” (Campo Algodonero) case. EAAF was asked to provide written testimony for the court on its experiences working in Chihuahua, especially about irregularities in the government investigation of the “Cotton Field” case. Photo: Inter-American Court of Human Rights.

194



guAteMAlADos Erres CaseOn December 5, 1982, an elite

force of the Guatemalan Army

known as the Kaibiles entered

the community of Dos Erres, La

Libertad, Petén Department, and

massacred over 350 men, women,

and children. The Kaibiles report-

edly raped women and young

girls, and, after killing the villagers,

dumped their bodies into the vil-

lage well. According to witnesses,

infants were first thrown into the

well, followed by women and then

men. The remains of other indi-

viduals were left on the surface

in nearby woods. The village was

completely destroyed. Reportedly,

the Kaibiles carried out the massa-

cre because of alleged civilian sup-

port to guerrillas in the area. But

other testimonies have cast doubt

on this claim, suggesting that evi-

dence of guerrilla activity was col-

lected using torture, and that the

massacre was meant to cover up

other crimes by military forces in

the area.59

In July 1994, EAAF was invited

by the Association of the Families

of the Detained-Disappeared of

Guatemala (FAMDEGUA) and

the Human Rights Office of

the Archbishop of Guatemala

(ODHAG) to examine the well and

outskirts of the village. Inside the

well, EAAF recovered the remains

of 171 individuals, of which 67

corresponded to children less

than 12 years of age. The pattern

of dumping bodies in the well,

with children first, followed by

women and men, was confirmed

in EAAF’s excavation of the well.

The team also recovered segments

of skeletons from the surface in

the nearby woods, as described in

testimonies.

The Guatemalan InvestigationAfter EAAF’s investigation,

FAMDEGUA presented the evi-

dence it had collected, and,

in 1997, arrest warrants were

issued for 14 soldiers. The case

was shelved, in part because an

agreement was reached with the

Inter-American Commission on

Human Rights (which was also

hearing the case) to provide repa-

rations and investigate the case.60

In December 2001, the families

of victims received reparations

from the Guatemalan govern-

ment for the military involvement

in the massacre.61 Those involved

in investigating or testifying in the

case were threatened repeatedly.

FAMDEGUA received numerous

Dos Erres, Province of Petén, Guatemala, circa 1982. Children at the Dos Erres’ school, months before the hamlet’s population was massacred. Photo Courtesy: FAMDEGUA.




threats; their local office was also

broken into in September 2000 and

computers taken that contained

important information regarding

the Dos Erres massacre.62

Finally, in November 2009, the

Inter-American Court on Human

Rights, having resumed investi-

gations when the Guatemalan

courts effectively dropped the

case, found the Guatemalan gov-

ernment responsible for its role

in the massacre in Dos Erres, and

for failing to properly investigate

and prosecute those responsible.63

Due to this IACHR ruling, the

Guatemalan courts reopened the

case in early 2010, issuing 17 war-

rants for the arrests of ex-military

officers implicated in the massa-

cre. Only two of the 17 have been

placed under custody so far.64 The

investigation is pending.

ICE InvestigationsIn addition, the US Immigration

and Customs Enforcement (ICE)

has opened cases in the US against

former Kaibiles soldiers who have

been residing in the country. On

March 5, 2010, a Guatemalan

man seeking citizenship in the US

was arrested in Florida for lying

on his naturalization application

about his involvement and partici-

pation in criminal activities, as well

as lying about his military service.

The man, Gilberto Jordán, age 54,

had been part of the Kaibiles and

had a role in the Dos Erres mas-

sacre. Jordán, among those previ-

ously wanted by the Guatemalan

courts,65 was charged by the US

District Court of Southern Florida

for unlawful procurement of nat-

uralized citizenship. Jordán has

admitted to serving in the Kaibil

Guatemalan forces and to partici-

pation in the massacre, including

killing children. He was sentenced

to 10 years in a US prison.66

Another individual, Santos Lopez

Alonzo, was arrested in February

2010. He had entered the US

illegally and faces deportation to

Guatemala, where he is wanted

by the local courts.67 Investigations

into other former Guatemalan sol-

diers by ICE are pending.68

EAAF’s reports from the 1994-

95 excavation are being used

as evidence in the cases in both

Guatemala and in the US. m

Dos Erres, Province of Petén, Guatemala, 1995. Based on testimonies, many of the Dos Erres Massacre victims were thrown into the village well, including children. EAAF excavated the well and recovered the remains of 171 individuals, of which 67 were estimated to be less than 12 years of age. Photo: EAAF.

196



1. Please see “Prosecutions Abroad” section for further information.

2. Hauser, Irina. 2007. “Sin trabas para hacer justicia.” Página/12. July 14. http://www.pagina12.com.ar/diario/elpais/1-88095-2007-07-14.htm.

3. Hauser, Irina. 2008. “Es un sistema muy lento y formalista.” Página/12. December 30. http://www.pagina12.com.ar/diario/elpais/1-117511-2008-12-30.html.

4. Mattarollo, Rodolfo. 2007. “Audiencia de Seguimiento del Informe 28/92 sobre Argentina: Comisión Interamericana de Derechos Humanos.” Ministerio de Justicia y Derechos Humanos. Washington DC. March 6. http://www.derhuman.jus.gov.ar/institucional/prensa/disc-conf/audiencia_cidh_resumen.pdf.

5. Unidad Fiscal de Coordinación y Seguimiento de las causas por violaciones a los Derechos Humanos cometidas durante el terrorismo de Estado. 2010. “Informe sobre el estado de las causas por violaciones a los derechos humanos cometidas durante la última dictadura militar.” June. http://www.mpf.gov.ar/Accesos/DDHH/Docs/Estado_Causas_junio_2010.pdf.

6. CELS (Centro de Estudios Legales y Sociales). 2007. “Causas.” CELS Juicios: Crímenes del terrorismo de Estado—Weblogs de las causas. http://www.cels.org.ar/wpblogs/. CELS regularly updates its information on cases in Argentina, and provides further statistics on the trials. In addition, the Prosecutor’s Unit for Coordination and Follow-Up provides its own data on trials taking place in Argentina: http://www.mpf.gov.ar/index.asp?page=Accesos/DDHH/ddhh2.html.

7. “Patti sigue adentro.” Página/12. May 5, 2010. http://www.pagina12.com.ar/diario/elpais/1-145164-2010-05-05.html.

8. “Capturan a ex-represor de la ESMA que estaba profugo.” Critica de la Argentina. July 6, 2010. http://www.criticadigital.com/index.php?secc=nota&nid=13676.

9. Ministerio de Justicia y Derechos Humanos. 2008. “Extracto de la Conferencia de Prensa brindada por el Secretario de Derechos Humanos, Dr. Eduardo Luís Duhalde, hoy 7 de noviembre de 2008.” November 7. http://www.derhuman.jus.gov.ar/institucional/prensa/2008/nov.html.

10. Ginzberg, Victoria. 2006. “El represor Cavallo se ganó un pasaje de vuelta .” Página/12. December 21. http://www.pagina12.com.ar/diario/elpais/1-78029-2006-12-21.html.

11. AFP (Agence France Presse). 2008. “Spain Transfers ‘Dirty War’ Officer to Argentina: police.” Turkish Press. March 31. http://www.turkishpress.com/news.asp?id=223315&s=&i=&t=Spain_transfers_%27Dirty_War%27_officer_to_Argentina:_police.

12. CIJ (Centro de Informacion Judicial). 2010. “Datos generales de la causa”. July 6. http://www.cij.gov.ar/esma.html?ord=1

13. Petrillo, Vanesa. 2008. “Casacion frena la liberacion de Astiz y Acosta: ahora decidira la Corte Suprema.” Infobae. December 20. http://www.infobae.com/notas/nota.php?Idx=421734&IdxSeccion=3780

14. “Lo juzgan pero aca.” Página/12. April 24, 2010. http://www.pagina12.com.ar/diario/elpais/1-144509-2010-04-24.html.

15. “Un dictamen contra los indultos.” Página/12. November 17, 2009. http://www.pagina12.com.ar/diario/elpais/1-135435-2009-11-17.html.

16. Martinez, Diego. 2010. “Los 28 de los que nunca se hablo.” Página/12. November 9. http://www.pagina12.com.ar/diario/elpais/1-134959-2009-11-09.html.

17. Goobar, Walter. 2010. “Juan Alemann y el final del horror.” El Argentino. July 6. http://www.elargentino.com/nota-70979-Juan-Alemann-y-el-final-del-horror.html.

18. CELS (Centro de Estudios Legales y Sociales).2007. “Primer Cuerpo.” CELS Juicios: Crímenes del terrorismo de Estado—Weblogs de las causas. http://www.cels.org.ar/wpblogs/#1ercuerpo.

19. Ibid.

20. CELS (Centro de Estudios Legales y Sociales). 2007. “Síntesis del caso.” CELS Juicios: Atlético - Banco - Olimpo. http://www.cels.org.ar/wpblogs/abo/?page_id=3.

21. “Un juicio que va en zigzag.” Página/12. May 9, 2010. http://www.pagina12.com.ar/diario/elpais/1-145392-2010-05-09.html.

22. CELS (Centro de Estudios Legales y Sociales). 2008. “Masacre de Fatima.” CELS Juicios: Masacre de Fátima. July 11. http://www.cels.org.ar/wpblogs/fatima/.

23. Ibid.

24. AFP(Agence France Presse). 2010. “Ex dictador argentino Jorge Videla suma nuevo procesamiento en la justicia.” March 5. http://www.google.com/hostednews/afp/article/ALeqM5gROEdDY4A5YqHOLSN7W5j0kymOfg.

25. CELS (Centro de Estudios Legales y Sociales). 2008. “Comienzan los alegatos de los acusados.” CELS Juicios: Masacre de Fátima. June 23. http://cels.org.ar/wpblogs/fatima/category/dia-por-dia/.

26. CELS (Centro de Estudios Legales y Sociales). 2007..“Tercer Cuerpo del Ejército.” CELS Juicios: Tercer cuerpo de Cordoba. November 14. http://www.cels.org.ar/wpblogs/tercercuerpo/.

27. “Historico: perpetua y carcel comun para Benjamín Menendez.” Los Andes. July 25, 2008. http://www.losandes.com.ar/notas/2008/7/25/politica-371566.asp.

28. Ibid.

29. H.I.J.O.S. Regional Córdoba en la Red Nacional. 2010. “Acusados.” El diario del juicio. http://www.eldiariodeljuicio.com.ar/?q=acusados.

30. Martinez, Diego. 2008. “El despertar de La Rioja.” Página/12. May 24. http://www.pagina12.com.ar/diario/elpais/1-104757-2008-05-24.html.

31. “Videla suma homicidios.” Página/12. May 4, 2010. http://www.pagina12.com.ar/diario/elpais/1-145095-2010-05-04.html. Videla is also set to appear in court in October 2010 for the kidnapping of children, along with the last dictator of Argentina, Reynaldo Bignone.

32. Martínez, Diego. 2010. “La hora de Jefatura y Vesubio.” Página/12. February 15. http://www.pagina12.com.ar/diario/elpais/1-140315-2010-02-15.html.

33. “La oportuna mejoria dictador.” Página/12. April 2, 2010. http://www.pagina12.com.ar/diario/elpais/1-143132-2010-04-02.html.

34. Equipo Nizkor. 2009. “Sentencia por crímenes contra la humanidad cometidos por el General Riveros y otros en el caso de Floreal Edgardo Avellaneda y otros.” August 14. http://derechos.org/nizkor/arg/doc/riveros8.html.

35. “Patti afrontará un jucio oral por delitos de lesa humanidad.” Página/12. October 7, 2009. http://www.pagina12.com.ar/diario/ultimas/20-133071-2009-10-07.html.

36. Ratti, Camilo. 2006. “Identifican en Catamarca el cuerpo de un uruguayo fusilado en 1974.” Página/12. July 3. http://www.pagina12.com.ar/diario/elpais/1-69381-2006-07-03.html.

37. CELS (Centro de Estudios Legales y Sociales).2010. “Masacre de Margarita Belen.” CELS Juicios: Masacre de Margarita Belén. July 1. http://www.cels.org.ar/wpblogs/margaritabelen/.

38. “Marzo de 2010 es la nueva fecha que se estima para el juicio por la masacre del ’76.” Siete Puntas Digital. July 6, 2010. http://www.sietepuntasdigital.com/2.0/Nota.php?idn=31740#.

39. “Detuvieron a Julio Alberto Cirino, un agente civil de la dictadura.” Página/12. November 7, 2008. http://www.pagina12.com.ar/diario/ultimas/20-114675-2008-11-07.html.

40. Martínez, Diego. 2008. “Te voy a matar con mis propias manos.” Página/12. August 7. http://www.pagina12.com.ar/diario/elpais/1-109212-2008-08-07.html.

EndnOTEs




41. “En Corrientes inician juicio a represores por la causa del ex Regimiento 9.” Misiones Online. February 3, 2008. http://www.misionesonline.net/paginas/detalle2.php?db=noticias2007&id=107189.

42. “Inhumaran los restos del primer desaparecido que fue identificado.” El Litoral. July 16, 2008. http://www.el-litoral.com.ar/leer_noticia.asp?IdNoticia=96586. See also, Portal de la Comisión de Derechos Humanos de Corrientes. 2008. “Romulo, mas presente que nunca.” Centro Clandestino de Detencion: Causa R19. March 27. http://ri9.cpdhcorrientes.com.ar/jornada17.htm.

43. Dandan, Alexandra. 2006. “Topología del terror.” Página/12. January 3. http://www.pagina12.com.ar/diario/elpais/1-61212-2006-01-03.html.

44. “Pasteris en la Justicia.” Página/12. October 28, 2005. http://www.pagina12.com.ar/diario/elpais/1-58537-2005-10-28.html.

45. This report can be accessed at: http://www.iurislex.com.ar/adjuntos/CSJN_informe_Lesa_humanidad.pdf. For additional information, please visit the Prosecutor’s Unit for Coordination and Follow-Up website at: http://www.mpf.gov.ar/index.asp?page=Accesos/DDHH/ddhh1.html.

46. “Análisis para Almirón.” Página/12. April 29, 2008. http://www.pagina12.com.ar/diario/elpais/1-103265-2008-04-29.html.

47. “Isabel Peron To Argentina is Rejected by Court.” The New York Times. July 6, 2010. http://query.nytimes.com/gst/fullpage.html?res=9F03E5D71330F93AA15757C0A96E9C8B63.

48. “Un dictador en manos de Roma.” Página/12. March 5, 2009. http://www.pagina12.com.ar/diario/elpais/1-120986-2009-03-05.html.

49. Martínez, Diego. 2008. “Cuando una verdad demora treinta años.” Página/12. April 23. http://www.pagina12.com.ar/diario/elpais/1-102925-2008-04-23.html.

50. “El juicio por crímenes en la ESMA.” Página/12. January 14, 2010. http://www.pagina12.com.ar/diario/elpais/subnotas/138475-44694-2010-01-14.html.

51. Martínez, Diego. 2010. “Otro repressor tras las rajas.” Página/12. March 24. http://www.pagina12.com.ar/diario/elpais/subnotas/142578-45904-2010-03-24.html.

52. “German court issues arrest warrant against Jorge Videla for the murder of a German citizen.” Momento 24. January 22, 2010. http://momento24.com/en/2010/01/22/german-court-issues-arrest-warrant-against-jorge-videla-for-the-murder-of-a-german-citizen/.

53. “German Court Seeks Arrest of Former Argentine Dictator.” Latin American Herald Tribune. January 2010. http://www.laht.com/article.asp?ArticleId=350905&CategoryId=14093.

54. Inter-American Court on Human Rights. 2009. “CASO GONZÁLEZ Y OTRAS (“CAMPO ALGODONERO”) VS. MÉXICO.” November 16. http://www.corteidh.or.cr/docs/casos/articulos/seriec_205_esp.pdf.

55. Inter-American Court on Human Rights. 2009. “CASO RADILLA PACHECO VS. ESTADOS UNIDOS MEXICANOS.” November 29. http://www.corteidh.or.cr/docs/casos/articulos/seriec_209_esp.pdf.

56. See the Mexico section of this report for more information.

57. Dr. Maria Dolores Morcillo.

58. Inter-American Court on Human Rights. 2010. “CASO FERNÁNDEZ ORTEGA Y OTROS VS. MÉXICO.” August 30. http://www.corteidh.or.cr/docs/casos/articulos/seriec_215_esp.pdf.

59. Amnesty International. “Guatemala’s Lethal Legacy: Past Impunity and Renewed Human Rights Violations.” Document: Guatemala. http://www.amnesty.org/en/library/asset/AMR34/001/2002/es/cfd8e5fb-d8a3-11dd-ad8c-f3d4445c118e/amr340012002en.html.

60. Ibid.

61. Ibid.

62. Ibid.

63. Inter-American Court on Human Rights. 2009. “CASO DE LA MASACRE DE LAS DOS ERRES VS. GUATEMALA.” November 24. http://www.corteidh.or.cr/docs/casos/articulos/seriec_211_esp.pdf.

64. “Organismos de DDHH exigent detencion de militares por Masacre de Dos Erres.” Pulsar. November 2, 2010. http://www.agenciapulsar.org/nota.php?id=16691.

65. Chardy, Alfonso. 2010. “Suspect in Guatemala massacre could face deportation.” The Miami Herald. May 9. http://www.miamiherald.com/2010/05/09/v-fullstory/1621442/suspect-in-guatemalan-massacre.html.

66. Doyle, Kate and Jesse Franzblau. 2010. “Former Guatemalan Soldier Sentenced to Ten Years for Lying About Role in Dos Erres Massacre.” National Security Archive Electronic Briefing Book No. 316. September 16. http://www.gwu.edu/~nsarchiv/NSAEBB/NSAEBB316/index.htm.

67. Chardy, Alfonso. 2010. “Massacre in Guatemala leads to arrest in South Florida.” NISGUA: Working for Justice in Guatemala. (Originally published in The Miami Herald.) May 6. http://www.nisgua.org/news_analysis/index.asp?id=3598.

68. Ibid.

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