The following information and attached documents supplement the
two recent Question and Answer papers on Argentina prepared by the
IRBDC (the latest one currently being amended) and reports
available at all regional Documentation Centres, such as the U.S.
Department of State
Country Reports, their corresponding
Critiques and the IRBDC weekly press reviews. The attached
documents refer mostly to 1991 events.
1) Specific references to recent (1990-1991) abuses by authorities
in Mendoza province could not be found among the sources currently
available to the IRBDC.
However, cases of abuse by authorities in Argentina in general
have been reported for many years. Police and security forces have
been accused of routinely using torture during pre-trial detention
(Lawyers Committee 1990, 13). The New York-based Lawyers Committee
for Human Rights reports that police abuses are difficult to
correct because "the police often threaten to kill anyone reporting
police mistreatment" (
Ibid., 12).
Another source reports that in many areas of Argentina the
perpetrators of abuses during the "dirty war" have continued to be
members of the police force and have continued to commit abuses
(ICCHRLA 1989, 13). The source also states that witnesses to police
abuses are harassed or killed (
Ibid.). For example, in
late-1990 a policeman who had been involved in serious abuses
during the "dirty war" and continued to be in service was accused
of torturing two detained suspects. The judge investigating the
policeman received anonymous death threats and his career was
threatened by a deputy of the National Assembly (
Sunday
Times 14 Oct. 1990).
Various reports state that corruption is spreading through all
levels of society, including the judiciary, with reported cases of
extortion being carried out by judges in complicity with police.
However, most reports originate from Buenos Aires, where a large
portion of the Argentine population and most of the Argentine and
foreign press agencies are concentrated.
2) The IRBDC could not obtain a complete list of the organized
groups of Argentina that demanded the prosecution of army members
for crimes committed during the "dirty war" or protested their
pardon. The Lawyers Committee for Human Rights, however, states
that all known human rights organizations and all prominent human
rights leaders objected to the laws which were passed by the
Alfonsín administration under military pressure to restrain
the prosecution of military personnel who committed crimes during
the "dirty war" (Lawyers Committee 1988, 10). Another source states
that demonstrations protesting the pardons reportedly included the
participation of some 150,000 people in Buenos Aires, including
numerous Peronist Party members, and 50,000 people in other major
cities (ICCHRLA 1990, 16).
A 1989 article reports that a demonstration to protest the pardons
"was called by the
Izquierda Unida (United Left) coalition
and human rights organizations" who were joined by the Unión
Cívica Radical (UCR) party (
Latinamerica Press 28
Sept. 1989). One report of a March 1990 demonstration against the
impunity of perpetrators of abuses during the "dirty war" lists the
groups of participants as follows:
The original human rights organizations are Mothers of the Plaza
de Mayo (founding line), Permanent Assembly for Human Rights
(APDH), the Ecumenical Movement for Human Rights, Grandmothers of
the Plaza de Mayo, the League for the Rights of Man and the Peace
and Justice Service (SERPAJ). Later the other line of Mothers, the
Association of ex-Detainees and Missing People, the Argentine
League for the Rights of Man and the Jewish Movement for Human
Rights joined in, together with 12 political parties and numerous
groups of students, workers and social movements. (
Buenos Aires
Herald 16 Mar. 1990)
The attached sections from the books by Amnesty International and
Americas Watch (
Argentina: The Military Juntas and Human
Rights and
Truth and Partial justice in Argentina,
respectively) report attacks and intimidation of people involved in
the process of investigating human rights abuses during the "dirty
war." The magazine
Index on Censorship reported in 1985 that
over 400 attacks against students, trade unionists and lawyers were
accounted by human rights organizations in 1984. Harassment and
attacks reportedly seemed "designed to obstruct investigations into
past human rights violations", its main targets being members of
the commission appointed to investigate those violations and
prepare the "Nunca M s" report (
Index on Censorship May
1985). The attacks included bombing of homes or offices of
delegates of the commission in at least three cities
(
Ibid.).
The Lawyers Committee for Human Rights stated in 1988 that "since
1983, all threats and acts of violence against the
[Alfonsín] government and against human rights organizations
have come from supporters of the military dictatorship" (Lawyers
Committee 1988, 12). As described below, more recent acts of
violence have also been linked to a neo-nazi organization and other
unidentified groups.
The Lawyers Committee has later reported bombings and threats
against judges who questioned the presidential pardons of officials
involved in human rights abuses (Lawyers Committee 1990, 14). At
least two federal prosecutors who challenged the constitutionality
of the pardons were subject to disciplinary proceedings and the
house of a judge was bombed, killing his son (
Ibid.).
An updated version of the Americas Watch book states that in
late-1990, after those convicted of human rights abuses during the
"dirty war" had been freed, the only person facing prosecution for
alleged abuses during that period was a human rights monitor that
had denounced the former (Americas Watch 1991, 67).
According to information recently provided to the IRBDC by the
Asamblea Permanente por los Derechos Humanos (APDH) of
Argentina (8 July 1991), some recent incidents show an increasing
"official hostility" towards the human rights movement in
Argentina. Among them, the laying of charges against the president
of the Madres de la Plaza de Mayo Association. The charges followed
Carlos Menem's accusation of contempt of authority
(
desacato) by the Madres' president, after she made critical
remarks of Menem's government while she was on a tour outside
Argentina. Various members of her Association have received
anonymous death threats. Although the offices of the Association
have been broken into and robbed a number of times, the police have
not taken action to investigate the crimes (
Ibid.). The APDH
is not aware of any other human rights organization or political
party facing major problems at the time.
A number of violent incidents have been reported during the first
half of 1991. These include bombings, vandalism and threats against
Jewish property and figures that have been attributed to a neo-nazi
organization. The leader of the neo-nazis has reportedly spent some
months in jail before and is currently facing different charges,
although officials in charge of investigating his group's
participation in different acts have received anonymous death
threats (
Latinamerica Press 13 june 1991).
Other authorities that have recently received death threats
include two judges involved in the trials of the "carapintadas"
military officers who rebelled in December 1990. One of the judges'
house was reportedly sprayed with bullets from a passing car in
June 1991 (
Southern Cone Report Aug. 1991, 2).
Attacks have also been reported against news agencies and
newspapers and threats have been made against journalists. In most
of such recent cases reported among the available sources, the
victims had been critical of President Menem and/or people in
government. Two related incidents that have received particular
coverage are those of a famous film director and the leader of the
human rights group
Madres de la Plaza de Mayo.
As indicated in the attached reports, a film director was summoned
by a court after he denounced corruption among people close to
President Menem. Immediately after his court appearance, he was
wounded by gunmen who passed by in a car and reportedly told him to
stop speaking out (FBIS-LAT-91-101). Despite testimony to the
contrary, the police claimed that the motive of the attack was
robbery. Later, the Interior Ministry declared it was unable to
investigate the incident (FBIS-LAT-91-111, 28). One of the threats
made against the leader of the
Madres de la Plaza de Mayo
was reportedly made two hours before the shooting of the film
director, and the threat made a reference to the way the director
was to be shot (
The Ottawa Citizen 24 May 1991, D7).
The attached reports show political violence has reached former
President Alfonsín, who became the victim of a killing
attempt by an ex-border policeman and two unidentified accomplices
in early-1991 (FBIS-LAT-91-037). Alfonsín has also recently
faced charges by a judge who accused him of contempt of court
(FBIS-LAT-91-125, 24).
Violence between Peronist militants was reported recently during a
campaign for the election of party representatives. A number of
armed confrontations resulted in gunfire and some casualties among
supporters of different Peronist factions (FBIS-LAT-91-143,
23).
3) Regarding abuses against trade unionists, few recent reports
could be found among the available sources. Bomb attacks against
the homes of two members of a railway union who decided not to
continue a strike were reported. A speaker of the union, however,
denied any involvement in the incident by his organization
(FBIS-LAT-91-060, 18-19). The same report states that President
Menem had given "precise instructions to punish workers still
backing the six-week-long walkout" (
Ibid.).
The leader of a trade union reportedly resigned after accusing the
leadership of the umbrella organization to which it was affiliated
of "crooked deals" with government supporters (FBIS-LAT-91-114,
28). However, the actual reasons for her resignation are not
indicated in the available documents.
The Lawyers Committee for Human Rights states that "the union
hierarchy lacks elemental democracy and obstructs possibilities for
independent union representation", while noting the existence of
"stringent membership requirements for legalizing alternative trade
unions" (Lawyers Committee 1990, 15). Various recent reports also
indicate that the government has passed legislation limiting the
right to strike and facilitated government action against striking
workers. Police have been used for breaking up demonstrations,
including a march by old-age pensioners (
Sunday Times 18
Mar. 1990).
Regarding the possibility of obtaining redress from authorities'
abuses and fair trials in Argentina, some courts received
international praise during the Alfonsín administration for
their sanctioning of military and police abuses. However, processes
were reportedly jeopardized sometimes by intimidation of witnesses
and charges laid against them by judges who were sympathetic to the
military (Americas Watch 1987, 74).
More recently, the judiciary's independence and ability to
prosecute cases involving authorities has been questioned. This, as
indicated in the attached documents, is in part a result of
presidential appointments, corruption, intimidation and pressure
from military and political sectors. In addition to the information
provided in the first pages of this response, please consult the
attached copies of the April 1991
Truth and Partial Justice in
Argentina: An Update and the July 1991
Critique of the
Lawyers Committee for Human Rights which question the independence
of the judiciary. Pages 70-71 and 80-84 ("Attacks on the
Independence of the Judiciary") of
Truth and Partial Justice in
Argentina: An Update include a discussion of the recent
obstacles to seeking redress for abuses committed during the
military dictatorship and recent events affecting the
administration of justice. An event related to an issue discussed
in the latter report is the recent appointment by the President of
a federal trustee to take over the judiciary in the province of
Catamarca. The measure is reported to be "widely attributed to
pressure from the U.S. Ambassador to Argentina, Terence Todman"
(
Southern Cone Report May 1991, 2). The latest Question and
Answer paper on the subject prepared by the IRBDC, currently being
amended, also deals with the subject of administration of
justice.
Bibliography
Asamblea Permanente por los Derechos
Humanos (APDH) of Argentina, Buenos Aires. 8 July 1991. Written
response to an IRBDC inquiry.
Americas Watch. August 1987. Truth
and Partial Justice in Argentina. Washington, D.C./New York:
Americas Watch.
FBIS-LAT-91-143. 25 July 1991. "Violence
Marks Battle for Justicialist Leadership" in Buenos Aires
Herald [Buenos Aires], 24 July 1991.
FBIS-LAT-91-125. 28 June 1991. "Judge
Orders Former President Alfonsín Arrested" in Buenos
Aires Argentina Televisora [Buenos Aires, in Spanish], 27 June
1991.
FBIS-LAT-91-114. 13 June 1991. "Leader
of Teachers Union Resigns Post" in Buenos Aires Herald
[Buenos Aires], 12 June 1991.
FBIS-LAT-91-111. 10 June 1991. "Minister
Says `Unable to Investigate' Shooting" in Buenos Aires
Herald [Buenos Aires], 5 June 1991.
FBIS-LAT-91-101. 24 May 1991. "Menem
Critic Wounded; Another Reports Threats" in Buenos Aires
Herald [Buenos Aires], 23 May 1991.
FBIS-LAT-91-060. 28 March 1991. "Strike
Situation Wrap-Up" in Buenos Aires Herald [Buenos Aires], 26
March 1991.
FBIS-LAT-90-053. 19 March 1990. "Human
Rights Groups, Others Organize March - Protest Hunger, Repression"
in Buenos Aires Herald [Buenos Aires], 16 March 1990.
FBIS-LAT-91-037. 25 February 1991.
"Alfonsín on Assassination Attempt; More Details" in
EFE [Madrid], 24 February 1991.
Inter-Church Committee on Human Rights
in Latin America - ICCHRLA. February 1990. ICCHRLA 1989 Annual
Reports - General Concerns and Brief Country Reports.
Toronto: ICCHRLA.
January 1989. ICCHRLA 1988 Annual
Reports - General Concerns and Brief Country Reports. Toronto:
ICCHRLA.
Index on Censorship [London,
U.K.]. May 1985. "Argentina: Nunca M s."
Latinamerica Press [Lima]. 28
September 1989. "Argentina: Military Pardons Spark Huge
Demonstration."
_____.13 June 1991. "Argentina:
Neo-Nazis Seek Legitimacy."
The Ottawa Citizen. 24 May 1991.
"Argentine Film Director Wounded by Gunmen." P. D7.
The Sunday Times [London, U.K.].
14 October 1990. "Argentine Police `Torturer' Enjoys Status of a
Hero."
_____.18 March 1990. "Domestic Dilemma
Piles the Pressure on Menem."
Southern Cone Report [London,
U.K.]. May 1991. "Menem Declares War on Traffickers." August 1991.
"Judges Threatened."