Open wounds
27/07/2003
- Opinión
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.
https://www.alainet.org/pt/node/108037
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