RIGHTS-ARGENTINA: UN Questions Presence of Ex-Torturers on Active Duty

By Gustavo Capdevila Reprint | | Print |

Gustavo Capdevila

GENEVA, Oct 26 2000 (IPS) - The fact that former repressive military personnel continue among Argentina’s active duty forces came under sharp questioning by a top human rights forum at the United Nations, which, nonetheless, reported there have been “many advances” since the end of the South American country’s last dictatorship (1976-1983).

Cecilia Medina Quiroga, president of the UN Human Rights Committee, which monitors the application of the International Covenant on Civil and Political Rights, underscored the key role non-governmental organisations (NGOs) and the judiciary played in achieving the advances.

The consequences of the military dictatorship and of the human rights violations that took place in Argentina have been dealt with in an exemplary manner for the American continent, declared the Chilean-born rights expert.

>From 10,000 to 30,000 Argentines, depending on which human rights group is consulted, were “disappeared” by the repressive forces during the so-called “dirty war” under the military regime. Argentina’s current population is approximately 35 million.

The top brass of the dictatorship were declared responsible for the human rights abuses and handed extensive prison sentences, but democratically elected governments later granted most of them amnesties or pardons.

After a two-day hearing at the Geneva-based UN human rights office to assess Argentina’s compliance with the International Covenant, the Committee concluded that it “is highly inappropriate” for military personnel suspected of human rights violations to continue among the ranks of the nation’s armed forces.

In some cases, officials with precedents of human rights abuses have even received promotions from the democratic governments that have ruled the country since 1983, lamented the Committee, which is made up of independent experts.

The Argentine delegation to the hearing, led by special representative of the Ministry of Foreign Relations, Leandro Despouy, offered extensive explanations about the relationship between civil society and the military forces.

Military courts in Argentina cannot try civilians, and handle military crimes only, he said. Non-military crimes committed by troops are judged in civilian tribunals, for example.

Despouy pointed out the merits of the solution to problems with the military and to the question of victims of repression that was presented by Carlos Menem, Argentina’s president for the 10 years preceding the current government, led by Fernando de la Rúa who took office in December 1999.

Withdrawal of the army from civilian life was achieved thanks to the previous administration, which also made advances in financially compensating the victims of the military regime, and now the military no longer holds “such perverse” leadership, said the Argentine official.

The Argentine delegation said a determining factor in the transformation had been the self-critical attitude of former army commander, Gen. Martín Balsa, who interpreted the repression of the dictatorship years as a disgrace to the armed forces.

The experts on the UN Committee also questioned the reaction of Argentina’s authorities to requests from abroad for co-operation in placing alleged Argentine torturers under the jurisdiction of foreign courts for trial.

Spanish judge Baltasar Garzón and other judges from Germany and France initiated proceedings to obtain statements from military personnel suspected in the assassination, torture or disappearance of citizens of those countries during Argentina’s most recent dictatorship.

The Argentine representatives before the Committee explained that the Menem government had expressly prohibited, by decree, any co-operation with foreign judges involved in such inquiries.

The new government, however, has mentioned it would collaborate, though without indicating how far this type of assistance would go. The De la Rúa administration states that it does not question the rights of foreign courts, but has yet to establish clear lines for proceedings, according to the delegation.

The UN Committee brought up the case of the group that was imprisoned for an attempted take-over of the barracks of La Tablada, near Buenos Aires, in 1989. An expert on the panel asked if those sentenced for the armed assault had access to all legal guarantees and a fair trial.

Despouy admitted that the Inter-American Commission on Human Rights had found that in the La Tablada case the accused had not been granted a chance to appeal – a requirement under the Inter-American Convention on Human Rights.

The situation of the inmates, who are currently engaged in a long- term hunger strike, created an “enormous internal debate.” The government reacted by sending a bill to Congress that incorporates appeals proceedings for crimes against democracy.

The implementation of the International Pact on Civil and Political Rights generally faces difficulties in Argentina, concluded the president of the Human Rights Committee.

The report presented by the Argentine delegation maintains that the Pact is obligatory throughout the country, but under the federal jurisdiction of the provinces, “it is another situation,” Medina Quiroga pointed out.

As far as the circumstances of women, in Argentina, an estimated 500,000 abortions are illegally performed each year, causing the deaths of some 15,000 women. Of maternal deaths, 40 percent are adolescents.

These numbers demonstrate that it is a major problem that cannot be left to the interpretation of the courts, commented Medina Quiroga.

Argentina’s Penal Code establishes that abortions are legal when performed on women who become pregnant as the result of rape. But in practice the courts apply a restricted definition, explained Eugenio Raúl Zaffaroni, head of the National Anti-Discrimination Institute.

Doctors are hesitant to perform abortions without prior authorisation from a judge, and the Roman Catholic Church exercises a great deal of pressure over the matter, observed the president of the Human Rights Committee.

On the issue of abortion, Argentina still has a long way to go, she said.