By Tito Drago
MADRID, Nov 6 1999 (IPS)

Spanish judge Baltasar Garzón issued a warrant Tuesday for the arrest of 98 Argentinean military officers, including members of the military ‘juntas’ that governed Argentina during the 1976-1983 dictatorship.

In a warrant submitted to the International Police (Interpol), Garzón accuses the 98 military members of genocide, terrorism and torture. A copy of the warrant was also issued to the lawyers for the prosecution, led by Argentinean attorney Carlos Slepoy.

Garzón initiated investigations in March 1996 for these crimes allegedly committed in Argentina after March 24, 1973, when Isabel Perón’s constitutional government was overthrown in a military coup. The charges were presented by family members of Spanish victims and by human rights defence organisations.

Argentina is likely to refuse extradition of the 98 accused, judging from president Carlos Menem’s attitude in previous cases. President-elect Fernando de la Rúa, victorious in the October 24 balloting, is expected to follow the Menem political line on the issue when he takes office December 10.

Menem’s government has maintained that neither Spain nor other countries have jurisdiction to try Argentinean citizens for crimes committed in Argentina.

Menem also asserted that Argentina has already tried the military juntas in court and is now in the process of trying other dictatorship crimes, such as the appropriation of political prisoners’ children.

Soon after assuming office in 1983, then-president Raúl Alfonsín ordered the trials of former military juntas members, who were found guilty and imprisoned. But later, Alfonsín proposed laws, approved by parliament, that banned or ended criminal cases against other military personnel.

Menem, who succeeded Alfonsín in 1989, issued pardons for the former junta members, other members of the military, former guerrillas and even some common criminals.

Eight high-ranking military officers, four who were junta members, are currently facing criminal charges in Argentina for appropriating children for illegal adoptions during the dictatorship.

These approximately 500 girls and boys are the children of people arrested by the dictatorship’s repressive forces, who for the most part were tortured, assassinated and “disappeared.” In many cases, the children were born in prison. The minors were then offered for adoption, with their true identities hidden, to families with ties to the military.

The 98 accused never faced trial for genocide or terrorism, the charges included in the warrant issued by Garzón. To substantiate his right to try the Argentineans, the Spanish judge invoked the International Convention Against Torture, signed and ratified by both Spain and Argentina.

Garzón declared that the accused are not protected by the laws that ended their trials in Argentina or by Menem’s pardons, because they were never tried for genocide or terrorism, nor for the torture implicit in the “disappearances.” As many as 30,000 people disappeared during the 1976-1983 Argentinean dictatorship, according to human rights organisations.

Even if the Argentinean government refuses to honour Garzón’s request for extradition, the order for the search and capture of the 98 will continue in effect internationally, meaning that if any of the accused travel outside of Argentina, they run the risk of arrest and would be subject to an extradition trial.

The cases of former Chilean dictator, general Augusto Pinochet, and former captain of the Argentinean Armada, Alfredo Astiz, illustrate the situation of the 98 military members.

Pinochet was arrested in London Oct 16, 1998 and is subject to an extradition trial as a result of an arrest warrant issued by judge Garzón himself.

In 1990, Astiz was sentenced to life in prison, ‘in absentia’, by a French court for the disappearance of two French nuns. Since then, the former captain has not dared leave his country for fear of arrest.

Last week, seven human rights organisations, based in either Spain or Argentina, solicited Spains’ legal authorities to adjucate against the 98 Argentinean military personnel.

The human rights groups and family members of the victims celebrated Tuesday’s important step forward in the case.

They also await the Spanish government’s decision on an administrative claim presented by attorneys Guillermo Valera and Víctor Hortal, who urged the centre-right leaning José María Aznar to condemn Argentina before the International Court at The Hague.

Their charges are based on Argentina’s non-compliance with the international convention it signed in 1987, which commits the nation to co-operate with justice authorities from other countries in cases of crimes against humanity.

Excerpt:

By Tito Drago
MADRID, Nov 2 1999 (IPS)

Spanish judge Baltasar Garzón issued a warrant Tuesday for the arrest of 98 Argentinean military officers, including members of the military ‘juntas’ that governed Argentina during the 1976-1983 dictatorship.

In a warrant submitted to the International Police (Interpol), Garzón accuses the 98 military members of genocide, terrorism and torture. A copy of the warrant was also issued to the lawyers for the prosecution, led by Argentinean attorney Carlos Slepoy.

Garzón initiated investigations in March 1996 for these crimes allegedly committed in Argentina after March 24, 1973, when Isabel Perón’s constitutional government was overthrown in a military coup. The charges were presented by family members of Spanish victims and by human rights defence organisations.

Argentina is likely to refuse extradition of the 98 accused, judging from president Carlos Menem’s attitude in previous cases. President-elect Fernando de la Rúa, victorious in the October 24 balloting, is expected to follow the Menem political line on the issue when he takes office December 10.

Menem’s government has maintained that neither Spain nor other countries have jurisdiction to try Argentinean citizens for crimes committed in Argentina.

Menem also asserted that Argentina has already tried the military juntas in court and is now in the process of trying other dictatorship crimes, such as the appropriation of political prisoners’ children.

Soon after assuming office in 1983, then-president Raúl Alfonsín ordered the trials of former military juntas members, who were found guilty and imprisoned. But later, Alfonsín proposed laws, approved by parliament, that banned or ended criminal cases against other military personnel.

Menem, who succeeded Alfonsín in 1989, issued pardons for the former junta members, other members of the military, former guerrillas and even some common criminals.

Eight high-ranking military officers, four who were junta members, are currently facing criminal charges in Argentina for appropriating children for illegal adoptions during the dictatorship.

These approximately 500 girls and boys are the children of people arrested by the dictatorship’s repressive forces, who for the most part were tortured, assassinated and “disappeared.” In many cases, the children were born in prison. The minors were then offered for adoption, with their true identities hidden, to families with ties to the military.

The 98 accused never faced trial for genocide or terrorism, the charges included in the warrant issued by Garzón. To substantiate his right to try the Argentineans, the Spanish judge invoked the International Convention Against Torture, signed and ratified by both Spain and Argentina.

Garzón declared that the accused are not protected by the laws that ended their trials in Argentina or by Menem’s pardons, because they were never tried for genocide or terrorism, nor for the torture implicit in the “disappearances.” As many as 30,000 people disappeared during the 1976-1983 Argentinean dictatorship, according to human rights organisations.

Even if the Argentinean government refuses to honour Garzón’s request for extradition, the order for the search and capture of the 98 will continue in effect internationally, meaning that if any of the accused travel outside of Argentina, they run the risk of arrest and would be subject to an extradition trial.

The cases of former Chilean dictator, general Augusto Pinochet, and former captain of the Argentinean Armada, Alfredo Astiz, illustrate the situation of the 98 military members.

Pinochet was arrested in London Oct 16, 1998 and is subject to an extradition trial as a result of an arrest warrant issued by judge Garzón himself.

In 1990, Astiz was sentenced to life in prison, ‘in absentia’, by a French court for the disappearance of two French nuns. Since then, the former captain has not dared leave his country for fear of arrest.

Last week, seven human rights organisations, based in either Spain or Argentina, solicited Spains’ legal authorities to adjucate against the 98 Argentinean military personnel.

The human rights groups and family members of the victims celebrated Tuesday’s important step forward in the case.

They also await the Spanish government’s decision on an administrative claim presented by attorneys Guillermo Valera and Víctor Hortal, who urged the centre-right leaning José María Aznar to condemn Argentina before the International Court at The Hague.

Their charges are based on Argentina’s non-compliance with the international convention it signed in 1987, which commits the nation to co-operate with justice authorities from other countries in cases of crimes against humanity.

Excerpt: