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 SPECIAL REPORTS: ARGENTINA
Sunday 27 July 2003

 

Ex-Military Leaders Have Fearful Eye on Spain

Viviana Alonso



BUENOS AIRES, (IPS) - The most notorious military officials of Argentina's last dictatorship (1976-1983) are prisoners of fear as they await decisions on their extradition to Spain for trial on charges of human rights crimes, a real possibility due to the annulment Friday of a decree that barred such extraditions.

Alfredo Astiz, known as the ”angel of death”, Antonio Pernías, Antonio Bussi (mayor-elect of the northern city of Tucumán) are some of the dictatorship-era officers who were taken into custody on arrest orders issued Thursday by an Argentine federal judge in compliance with a request from Spanish judge Baltasar Garzón, via Interpol (international police).

Already serving time for other human rights crimes are former dictators Jorge Videla and Emilio Massera, former general Carlos Suárez Mason and navy officer Jorge ”Tigre” Acosta.

These men headed the Argentine dictatorship and the armed forces personnel who engaged in the so-called ”Dirty War” in which as many as 30,000 people were ”disappeared” and several thousand others murdered. The officials are on the list of 46 people sought by Spain's courts for crimes of torture, genocide and terrorism.

The extradition request can follow normal procedures this time thanks to the annulment signed Friday by President Néstor Kirchner, reversing Decree 1581 issued by his predecessor, Fernando de la Rúa, that barred extradition of Argentine military officials to other countries to be tried for human rights crimes committed during the 1976-1983 dictatorship.

The government decision, which had been announced several days ago, was finalised one day after judge Rodolfo Canicoba Corral ordered the arrest of 45 military officers and one civilian.

Just hours after the arrest list was made public, one of the ”wanted men”, former coast guard petty officer Juan Antonio Azic attempted suicide by shooting himself in the mouth. He is in serious condition at the Navy Hospital.

Azic had been identified and accused of human rights crimes by Spanish survivors of the Navy Mechanics School (ESMA), a torture centre of the Argentine dictatorship.

One of Azic's victims, Carlos Lordkipanidse, recounted how the officer had tortured him with electrical shocks at ESMA, where he was being held with his wife and their 20-day-old son. Azic threatened to kill the baby if the parents did not provide the information he wanted.

Human rights activist Estela Carlotto, head of the Association of Grandmothers of the Plaza de Mayo, said the annulment of the decree is an important step towards justice, ”but we must see what actions are taken.”

Government sources said they would rather that these crimes be tried by Argentine courts, which would require the Supreme Court of Justice to declare unconstitutional what are known as the ”full stop” and ”due obedience” laws, enacted by the Raúl Alfonsín government (1983-1989), effectively granting amnesty to most of the military involved in the dictatorship.

In reaction to the repeal of Decree 1581, Justice Minister Gustavo Beliz said that it puts an end to legislation that ”conferred special treatment” upon military officers and which implied ”interference by the executive branch in the judiciary's activities.”

But human rights organisations are leery, saying that the restitution of powers to the Argentine judiciary is no guarantee that the dictatorship-era officers will finally be brought to justice.

Upon his return from a two-day state visit to the United States, Kirchner decided to repeal Decree 1581, paving the way for judge Canicoba Corral's order to go beyond mere arrest to extradition of the 46 sought for trial in Spain.

>From now on, instead of being rejected outright, extradition requests from other countries presented to the Foreign Ministry will be passed on to the appropriate judicial bodies to be considered on a case-by-case basis.

But Canicoba Corral pointed out that according to the law on extraditions, ”In the end it is the executive branch that decides, because the law gives the government the authority to determine whether or not it will hand over the military officers.”

 

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