New Hope for Justice in Argentina
Ruling Clears Way For Military Trials
By Monte Reel
Washington Post Foreign Service
Friday, June 24, 2005; Page A20
BUENOS AIRES -- For two decades, Estela de Carlotto has kept in a folder the name of the man she believes killed her daughter Laura, who vanished in 1977, at the height of the Argentine military government's crackdown against political dissidents, known as the "dirty war."
Until recently, though, she saw little point in pursuing the case. The man was a low-ranking military official, legally exempt from punishment for crimes committed in uniform. Instead of brooding fruitlessly, Carlotto banished him to the file on her office shelf.
But last week, Argentina's Supreme Court ruled that laws passed in the 1980s to protect such officers were unconstitutional. That meant Carlotto and other relatives of the thousands of people believed tortured and killed during a seven-year dictatorship were finally free to seek criminal and civil cases against the officers they held responsible.
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It was not until President Nestor Kirchner took office in 2003 that officials began pushing to hold the military more accountable. Kirchner has fired several commanders. He also removed a Catholic bishop assigned to the armed forces for declaring that the health minister should be "thrown into the sea" -- a fate many long-missing dissidents are believed to have suffered -- for suggesting abortion should be legalized.
(snip)
"The laws of immunity are not applicable to crimes against humanity," Justice Antonio Boggiano said in explaining his vote.
"If they were applied, they would be unconstitutional."(snip/...)
(my emphasis)
http://www.washingtonpost.com/wp-dyn/content/article/2005/06/23/AR2005062301834.html(Free registration is required)