ARGENTINA: Kidnap-Murder Revives Crime-Fighting Debate

By Marcela Valente Reprint | | Print |

Marcela Valente

BUENOS AIRES, Apr 8 2004 (IPS) - The murder of a young man by his kidnappers has rekindled an old debate over how to fight crime, one whose passions politicians and the media are trying to capitalise on.

Axel Blumberg, 23, was kidnapped on Mar. 17 and murdered six days later, shot in the back of the head after a ransom payment was botched, reportedly due to police negligence. The case immediately turned into the symbol of the insecurity that has reigned in the Argentine capital since the mid-1990s.

Angered by the death of his only son, Juan Carlos Blumberg convened a non-partisan protest outside the National Congress on Apr. 1 to demand stricter laws for the fight against crime. The event drew 150,000 people – more than any of the political parties are capable of attracting to their rallies.

But some civil society and political groups say the emphasis on repression and punishment is not very effective, and could even be dangerous. They say the priority instead should be on fighting police corruption and on the social causes behind criminal behaviour.

The Solidarity Network, a local non-governmental organisation that has organised marches for peace and against crime, conveyed compassion "for Blumberg’s pain," but would rather remain in the background when it comes to the "ideological battle that threatens to divide society," Network director Juan Carr told IPS.

"It’s always positive that people express themselves, but we want to see how far this mobilisation goes, because sometimes society will mobilise behind one death, and not others – and that is terrible. We condemn all murders and sympathise with the pain of all victims’ families," he said.

In Buenos Aires province, kidnappings were quite rare in the 1990s, but have multiplied in the past few years, now averaging 20 per month. According to federal justice authorities, there were 190 ransom-seeking kidnaps nationwide in 2001. Last year there were at least 390.

In some of those cases, it was found that police were involved either directly or were complicit in turning a blind eye to the crime.

After the "Axel Crusade" demonstration last week, the effort continued with a signature-gathering campaign for a seven-point petition that Blumberg presented to Congress. In just one week, 350,000 people signed the petition.

"We take turns, spending an hour at the train station to collect signatures," said Nora Rebollo, resident of the middle-class district of Martínez where Axel was from.

Rebollo admitted in a conversation with IPS that she never participates in political marches or rallies – "I don’t even read the newspapers."

But she is aware that crime is on the rise in Buenos Aires province and that in middle-class and rich neighbourhoods it is showing its fearsome side: extortive kidnapping that sometimes ends in the death of the hostage.

That is why Rebollo joined the Axel Crusade in demanding harsher penalties for criminals.

Right-leaning groups are trying to capitalise on the mobilisation of citizens who don’t normally participate in political life, using the crime debate to try to undermine the popularity of the centre-left government of Néstor Kirchner.

Many in the news media also seem to be fanning the flames in favour of hard-line tactics in the battle against crime. Some columnists have even proposed calling in the military for the effort – a touchy issue in this country of 37 million that suffered an iron-fisted military dictatorship from 1976 to 1983.

On the other side – also with strong support from a segment of the Argentine public – are parties of the left and centre-left, human rights organisations and progressive-minded media, which oppose stiffer sentences or increasing the police budget and authority, at least until corruption and crime is purged from within the ranks of the security forces.

To fight the rise of crime, they say, more laws are not what is needed, but rather "greater political will".

Judge Raúl Zaffaroni is seen as a reference point for this group. The Supreme Court justice is associated with the notion of protection of individual rights.

He has said that giving more power to the policing authorities "would be a catastrophe", and warned that Germany’s Nazis are proof that "we shouldn’t always heed what the majority says."

Legislative Deputy Laura Musa, of the centre-left Party for a Republic of Equals, says "the draft laws on increasing penalties for those who carry arms or use them in robbery are a placebo. The main problem is the complicity of the police with criminals and political leaders."

Even more outspoken on the matter is Hebe de Bonafini, president of Mothers of the Plaza de Mayo, a human rights group of families of victims of the 1976-1983 dictatorship.

She said, "The fascist right encouraged the (Blumberg) march, excited about the possibility of attacking the government and winning popular sympathy," adding that the march participants "are the conservatives who stoked the fire of the iron-fisted police."

But those on the other side of the debate say that advocating for individual rights is ultimately a defence of criminals and does not contribute to protecting the general public from crime.

It is in this context that lawmakers are rushing to vote on bills that encompass some of the demands in the Blumberg petition.

Axel’s father appeared before the criminal legislation committee of the Chamber of Deputies on Tuesday, where he had the support of its right-leaning members.

The governor of Buenos Aires province, Felipe Solá, dismissed his security minister last week in the wake of Axel’s death, but on Wednesday he named a replacement, León Arslanián, who is seen as a representative of the "individual rights" side of the debate.

Arslanián, who served as national minister of justice during the Carlos Menem government (1989-1999) held the provincial post previously in 1998-1999. His term was controversial because he fought for police reforms and civilian oversight of the security forces. Those who sought a hard-line approach to crime blocked his efforts and forced him to resign.

The minister said Wednesday that increasing penalties for criminals is "not conducive" to reversing insecurity "because it is not proven that criminals are deterred by an increase in punishment. But it is known that criminals are discouraged when the police apparatus is effective in prevention, enforcement and investigation."

Blumberg, who has been taken under the wings of political leaders and members of the judicial branch opposed to Arslanián’s position, said his designation as provincial minister is "madness".

"I have gotten to know serious people who are experts in this issue, and they say Arslanián failed and that he caused a great deal of harm," he said.

Roman Catholic priest and philosopher Hugo Mujica said he recognises that Blumberg is suffering the loss of his son, but that he should not lend himself to the "spectacle" that the news media are creating, which could transform the search for justice into a demand for vengeance.