Open wounds

27/07/2003
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They looked old, some had difficultly in walking, others still with the demeanour recognisable from the hard years, although the expression was distinct, one of worry, of tiredness, maybe even shame. This is how several of the 45 military officers accused of serious violations of human rights during the dictatorship that stained Argentina with blood between 1976 and 1983 passed before the television cameras which recorded their arrest. When Federal Judge Canicoba Corral decided to grant Spanish Judge Baltasar Garzón's request to extradite 45 military officers accused of being implicated in the disappearance of Spanish citizens in Argentina, past controversy was revived and wounds that have never healed were re-opened. The majority of the military officers surrendered to the law in silence and tried to avoid media visibility. Seven of them, among them those who prepared the military coup of 76, Jorde Videla and Emilio Massera, were already under house arrest for baby snatching. For the moment the rest are under garrison arrest in the three armed forces. Only two are still fugitives, one since the mid 80s, and should be hunted down by the law. Of the 45 it is probable that only 11 will remain in military prisons. According to Argentine law, people over 70 years old can undergo house arrest, which means that the majority of these military officers could benefit from this right. However, this precedence has already been set by society, which, for twenty years, has silently borne the fact that those responsible for numerous atrocious crimes live normal lives, are free to walk the streets and continue to influence Argentine politics, as is the case with Antonio Domingo Bussi, the retired general responsible for the most atrocious repression in the north of the country, who under the democratic regime once again governs the province where he fought a fierce battle against the opposition and a few weeks ago was elected mayor of the city of Tucumán. Not even the news that he had inflated an important bank account outside the country with money never declared in Argentina stopped the numerous people in favour of the "hard hand" from voting for him on this occasion. Several journalists asked on the air if it was necessary to return to this matter, opening old wounds, or whether this act signalled a regression for the country. But these wounds have never healed. They are even present in the consciences of the repressors. Upon hearing about the order of arrest, Prefect Pedro Asic attempted to commit suicide by holding his 9 millimetre pistol to his mouth and pulling the trigger. He was unlucky. He survived and is in a serious condition. But his desperate act revived public memory of a story of terror which one opposition family lived through in his hands. The former prisoner who related for the television cameras the torture he suffered under Asic's orders left no space for pity. Asic was in charge of interrogating the former prisoner, after having him arrested together with his wife and 20 day old son. The former prisoner recounted how as he did not provide the information requested Asic took the baby by his feet, mouth downwards, and threatened to smash him on the floor. Not satisfied with this, Asic pushed the baby onto his father's chest, took the electric prod and put a charge though the baby's body. The atrocity of the act caused his own comrades to move him away and suspend the interrogations. Scenes like this were a daily occurrence at the Naval Mechanics School, of which Asic was part, under the orders of Emilio Massera. Thousands of political prisoners were assassinated in the torture rooms or in the sadly celebrated "death flights", used to throw opponents in the river, sedated but alive. The separation of powers When President Kirchner received the Mothers and Grandmothers of Plaza de Mayo, shortly after assuming the presidency, he was marking a government line committed to the vigilance of respect of human rights and the necessity of keeping alive the memory of the events that took place in the country so that they may never be repeated. During the presidential tour of Europe, which took place just less than a fortnight ago, Kirchner met relations and representatives from overseas human rights organisations who are demanding justice for their relatives. By then the news was already circulating that the new president would most probably abolish the decree signed by ex-president De la Rúa two years ago, preventing the extradition of the military officers accused of violating human rights and requested by the law of other countries. Judge Garzón's request precipitated the decision and Kirchner signed a decree abolishing the preceding one as soon as he returned from his trip to the United States. The doors are now open for Argentine law to act without obstacles. Can the separation of powers in Argentina truly exist? After many years of interference by the Executive Power in the Legislative and Judicial Powers there is still no proper understanding of the current government's decision. The government spokespersons, chief of the Cabinet and the Ministers of the Home Office, Justice and Human Rights have been quick to point out that the judicial system is what should determine the matter of extradition and consider whether the military officers should be judged in Argentina or outside the country. When many political observers begin to question the principle of territoriality, government officials indicate time and time again that this issue must be taken into account in the decision taken by the legal system. The concept of a legal system independent of political power has always been supported by the critics of a system which has thrived on naming friends as judges even in the Supreme Court of Justice itself, as happened during Carlos Menem's government, or which has devoted itself to pressurising magistrates so that they will fall into agreement with the government's plans. The process, which has started with the arrest of the military officers, will be long and complicated. At the domestic level, the application of the Full Stop and Due Obedience laws, which were passed in 1986 and 1987 during the Raúl Alfonsín government, and which at that time eased the appeasement of the armed forces, have begun to be discussed with more urgency. The laws were abolished by National Congress, but their effects continued to benefit the military implicated in violations of human rights during the dictatorship. Two judges declared them unconstitutional and opened trial about the matter in the interior of the country. But the appeals to higher authorities prolonged the process and the decisions were delayed. However, the outlook looks positive. On one side, there are practically no military officers still in service who were part of the forces during the dictatorship. Observers indicate that the new grades want to see a close to the matter which continues to affect them, above all in their prestige and image in the eyes of the public whose confidence in the Armed Forces has never been restored. On the other hand, the opinion polls published this weekend clearly indicate that the majority of the population want the military matter to be reviewed. 65% have indicated that they agree with annulling the Full Stop and Due Obedience Laws so that the country's military can be judged fully and that 61% believe that the military issues should be investigated because they believe there are questions that need to be answered and a solution must be found.
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