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Reconocimiento Optico de Caracteres (OCR)
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A
rtpCenho de Estudios Legates y
Rodriguez Pefia 286 - 1er. piso - 1020 Buenos Aires - Republics Argentina ? T.E. 40 - 9968
November 4, 1982
The following bulletin is intended to serve as an "update" on human
rights in Argentina covering the months of September and October,1982.
In an effort to provide those in North America and Europe who are
working on Argentina with information which may not be readily
available outside of the country, a similar report will be issued
bi-monthly during the course of the next year.
HUMAN RIGHTS BULLETIN: SEPTEMBER - OCTOBER, 1982
Contents
Introduction
I.
The Disappeared
- Dupont
- Holmberg and Sola
- The "N.N." Tombs
- Disappeared Reappearing?
- Government Statements
II.
Political Prisoners
- Figures
- Caseros
- Rawson
- Judicial Process
Ill
. Temporary Disappearances
IV
. Arbitrary Arrest
V
. Torture
VI
. Freedom of Expression
- Intimidation ﾃつｦ
VII
. Harassment of Human Right
VIII
. Negotiations and Military
ARGENTINA PROJECT (S200000044)
U.S. DEPT. OF STATE,"A/RPS/B>S
Mamret P. Grafeld, Director
(yfRdetse ( )Emse ( )Deay
Exemptions):_________________^_
Declassify: ( ) In Part ( )InFuB
( ) Classify *s_ ( ) Extend as_ ( ) Downgrade to.
Date_________Declassify or_________Reason___
s Groups
Control of "Institutionalization"
IX. "Memoria y Juitio"
8F123
178/293
AFILIADO: Comisi6n Internacional de Juristas (Ginebra! ? Liga Internacional por los Derechos Humanos (New York;
i
I'
Centra de Estudbs Legales y Sociales
Rodriguez Pena 236 - ler. piso - 1020 Buenos Aires - Republics Argentina - T.E. 40 - 996E
HDMAK RIGHTS BULLETIN: SEPTEMBER - OCTGBER, 1982
Five months after military defeat in the Malvinas, Argentina's military government
has committed itself to a return to civilian rule by March, 1984, and has permitted
the reactivation of most political parties. However, in the context of increasing
public pressure for investigations into the Malvinas war, the economic crisis, and,
above all, the fate of the "disappeared", the government is attempting to reign in
the process of redemocratization (referred to as an "institutionalization" by the
authorities) . It is seeking a "concertacion" or a deal with the political parties,
and is attempting to bar the subject of investigations into human rights violations
from public discussion.
On September 24, only three days after its reformation, the military junta made its
attitude clear on the issue of investigations into the "war against subversion."
"Given the evidence of a growing campaign carried out by certain persons and
groups, disseminated by certain communication media, against the actions of the
Armed Forces, the security and the police forces in their struggle against
delinquent terrorists, the military junta communicates:
"1. That, all of the operations intiated against terrorist bands were
executed' in conformation with plans approved and supervised by the organic
authorities of the Armed Forces in full excercize of their constitutional
respons ibility.
"2. That, consequently, this military junta will take all legal measures
that correspond to the protection of the military, security and police
institutions against false declarations, intended to promote disintegration
slander, and/or other biased public declarations.
"3. That Law 20.840? in reference to subversive activities, is maintained
in full operation."
Since this declaration was made Commander in Chief of the Navy, Jorge Isaac Anaya
was replaced by Admiral RuDen Franco, who joined Brigadier Augusto Hughes and
General Cristino Nicolaides as junta members. At his swearing in on October 1,
newest members position on human rights investigations, the following statement,
Franco clearly expressed is agreement with this position ;-
1. Law 20. 840, sanctioned by Congress in September, 1974 dictates, the punishment of
subversive activities in all its forms." Article 1 establishes imprisonment .of three to
five years for those who " intend by any means to alter or supress. the institutional
API LIADO- Comisi6n Internacional de Juristas (Ginebra) ? Liga Intemacional por los Derechos Humanos (New York)
mfWi
CELSW
-2 -
"Let it be clear that we will not permit anyone, no matter what the
pretext, to accuse us in the name -i the same human rights that we
fervently defended, and even less (will we) accept the attacks'by
the same sinister people of terrorism newly disguised behind a mask of
sly and cagey innocence."
But the government offensive has not been limited to official declarations;
it has been reinforced at two other levels. The first is that of official censorship
and prohibition of events. State-rowned radio and television stations were
barred from mantioning the subject of the disappeared, for instance, and the
magazine, La Semana was shut down. A series of human rights events were also
prohibited by the government.
The second level is that of intimidation and violence. On September 29, Warcelo
Dupont disappeared and was found dead nine days later. Journalists and
human rights groups have been subjected to a series of intimidatory actions^
and in three instances, persons were "temporarily disappeared."
THE DISAPPEARED
As is known, there are over 6,000 cases of people who have disappeared
since the military coup of March, 1976 that have been registered with the
Ministry of the Interior. The total number of disappeared persons is estimated
by church sources to be closer to 30,000. At this point, the government
has answered the requests for information in approximately 1,000 of these
cases, usually declaring that the person was found dead, was in the custody
of the state, or was outside the country. Approximately 4,000 cases were
presented to the courts, not one of which has been resolved.
Dupont
On SepLembur 30, one more person was added to that list. Marcelo Dupont,
kb vears old and the father of four children, left the house of a friend at
6 p.m. and was not seen again until October 7 when he was found dead on
a sidewalk in a wealthy residential district of Buenos Aires. According
to the friend who saw him last, Dupont mentioned that he thought he had seen a
white Ford Falcon following him. .....
The victim was the brother of Gregorio Dupont, a key witness in the,.-
recently reppened investigation into the disappearance of diplomat Helena
Holmberg in 1978. Gregorio Dupont insists that the disappearance and
murder of his brother is related to that testimony, in which he revealed that she
had told him shortly before her disappearance that she had evidence that
former Navy commander, retired Admiral Emilio Massera, had paid a leader
of the Argentine guerrilla group, the Montoneros, over one million dollars,
Members of the Holmberg family have stated that they believe Helena was
killed because she "knew too much."
l.Ccont.) order and the social peace of the nation, by avenues not established
by the national constitution and the legal bodies which organize the political, '
social and economic life of the nation." Section b) of Article 3) established
i.rprisonement of three to five years for "Owners or Editors of any sort of
publication, directors and broadcasters of radio and television stations,
or those responsible for ar.y co-.-.:ur_ication media that informs or propagates
events, images, 'ﾃつｫ" -"nimuni cat ions 'r -h,. sort mentioned in Article i.'!
^^ﾃつｦ^^ﾃつｦ^ﾃつｦ^ﾃつｦ^ﾃつｦ^^ﾃつｦ^ﾃつｦ^ﾃつｦ^^ﾃつｦ^ﾃつｦ^^^ﾃつｦ^^ﾃつｦ^ﾃつｦ^ﾃつｦ^ﾃつｦ^M^n
President Reynaldo Bignone and the Interior Minister, Llamil Reston, have declared
that the murder of Dupont will be cleared up by the justice system in which they
have great faith. The head of the Federal Police, Juan Bautista Sasiaift, has
said that he does not believe the crime was of "political origins". According to
the victim's brother, Gregorio, as he was leaving the morgue on October 8, police
officials told him they believed that Marcelo Dupont's death was a case of suicide and
not murder.
Public outcry following the discovery of the body was considerable. Politicians^
church leaders and human rights groups have demanded that those responsible for
the crime be identified and punished. One newspaper editorial interpreted the
incident as a warning to those who have been involved with the current government
to keep silent. And the Archbishop of Santa Fe, Monseftor Vicente 2azpe, declared
that disappearances "are not a novelty in Argentina," and insisted that this
"permanent and significant impunity must not be tolerated."
The court investigation into the murder, after almost a month of activity and
daily newspaper articles on the case, has turned up little. A series of clues,
(including the discovery of a bag supposedly containing clothes and documents
belonging to.Dupont in Colonia,Uruguay, and the testimony of a Brazilian
bus driver that he had driven Dupont from Porto Alegre to Uruguay on October.5)
sent Judge Eduardo Gerome off on an investigative trip to "Brazil and.Uruguay.
On October 25, however, it was revealed that according %o doctors conducting the
autopsy, Dupont had been tortured with electric shock at!, least twenty four
hours before being killed. This, together with the fact that Dupont had been
barred from leaving the country as a result of a court order having to do
with his bankrupt advertising business,led his widow to declare that she did
not believe that her husband had traveled to Brazil and Uruguay during the period of
his disappearance.
Holmberg and Sola
Even before this latest disappearance, the subject of the disappeared bad gained
more press attention than any time in the last six years as a result of accusations
by former Treasury Minister Juan Alemann ^hat former Navy Commander, Emilio
Massera was responsible , among other things, for the disappearances and murders
of two Argentine diplomats, Helena Holmberg and Hector Hidalgo Sola.
Alemann asserted that killing terrorists was fine, but that the murder of
two diplomats was not and should be properly investigated.
Holmberg, who had been working in Paris with a group of Navy Intelligence members,
disappeared at the end of 1978 in Buenos Aires and was found dead a few wefeks later.
According to her family, the government has never allowed a proper invest igatioij-
and with press attention focused on the case, they managed to have the case reopened
on September 23. One of the key witnesses was Gregorio Dupont, who testified
that Holmberg has tolH him shortly before her disappearance, that she knew
Massera had paid Moatonero leader,Mario Eduardo Firmenich, over one million
dollars.
A court investigation into the July,1977 disappearance of Argentine ambassador to
Venezuela, Hector Hidalgo Sola, was also reopened as a result of press attention.
Family members declared they believed the crime was related to the Italian masonic
lodge, Propaganda-Two, the leader of which had just been arrested in Switzerland.
It was also alleged that the new ambassador to Venezuela, Federico Bartfeld,
was an important Argentine member of the organization. The Sola case was reopened
on October 1.
-4 ?
Meanwhile, the attention on these two cases spread to others that'
were considered similar. Amoni? those which have gained attention are those of
journalist Rodolfo Fernandez Ponual, Capt. Horacio Francisco Gandara,and Fernando
Brancs.
The Mothers of the Flaza de Mayo, in response to this selective attention that
was being given to cases of disappeared, issued a statement in reference to
Alemannsassert ion that "killing terrorists was fine'.' They declared that
violation of human rights occurs independently of social status, and that
"it should be enough to awaken tne ethical consciousness of the society that ﾃつｦ
this is committed against any person... If he (Alemann) wanted to give names
he si;.mid have added those of Alice Domon and Leonie Duquet, two French
nuns, or the Swedish adolescent, Dagmar Hagelin, the writers, Haroldo Conti, Rodolfo
Walsh, Fernandez Policial, Lne journalist Edgardo Sajon, or the worker, Oscar Smith."
Tiie "N.N." Tombs
Public attention was further focused on the issue of the disappeared when on
October 22, six human rights leaders filed suit in the criminal court of San
Kartin, demanding that some 400 cadavers, buried in the cemetery Grand Bourg,
in a section marked "N.N.", be identified . The unmarked gravesites came to-the
attention of human rights groups when it was learned that labor leader, Miguel
Angel Sosa who had disappeared on May 25, 1976, was buried there.
Sosa's body was reportedly found on a river bank the day after he was kidnapped,
although it was not until February, 1981 that the relatives of the victim were
informed, and told that he was buried in Grand Bourg. The family obtained a court
order to have the body exhumed, and in that process discovered that in the same grave
in which Sosa was buried, there were also three other bodies.
Neighbors, interviewed by human rights leaders visiting the site, testified that
military vehicles, perhaps belonging to the nearby military installation,
Canipo de Mayo, used to bring corpses at night and bury them. Based on the fact that
there arc 88 tombs marked "K.N.", it is estimated that there may be some
'?00 unidentified bodies buried in Grand Bourg.
'.,)n October 27. Judge Hu^o Gandara, who had in his custody the cemetery's register,
declared his ,;i;iminal court incompetent in this matter and passed the case
to the federa] justice system. The state attorney has appealed the decision,
however, and the case now goes to the Court of Appeals where it will surely be
stalled for some time.
On October 28 and 29,two other cases were presented to local courts by relatives of
disappeared persons and human rigtits lawyers. The first concerned the existence of
some 300 grave sites in the cemetery of La Plata marked "N.N.", and the second
was in regard to an undetermined number of "N.N." tombs in the cemetery of
Lomasde Zaraora. In both cases, it has been demanded that the bodies not be roi n-rd
from these grave sites until they are publicly identified.
The existence of these "N.N." tombs was verified in the Inter-American Commission
on Human Rights'report on Argentina in 1979. The report also said that during
the years from 1976 - 1979, large numbers of bodies were buried under the title
"N.N.", and that the majority of them pertained to persons between twenty ~
and thirty years of age.
Disappeared Reappearing?
On October 10, the Relatives of Disappeared and Detained Persons
issued a statement to the Argentine Episcopal Conference, in which they assert
that several persons who were "disappeared^' reappeared during, the.-.month of-
October. The letter said that these people, who are in a "deplorable physical and
psychological state", are being heavily protected by their families, and are
therefore unable to allow their names to be used.
On September 29, an interview was published in La Ultima Hora of La Paz,
Bolivia, with Miguel Angel Ferrufino, a Bolivian who was reportedly "disappeared"
in Argentina between 1974 and August, 1981, when he was turned over to the
Bolivian police. Having only just been released from prison a few days before
the interview, a Methodist priest was apparently in contact with the boy and
convinced him to talk to the press.
Ferrufino was sixteen years old and studying under a scholarship in Cordoba
when he disappeared. He and several other Bolivian students lived for seven
years in a concentration camp he says was on "Isla San Martin" at the mouth
of the Beagle Channel. Persons who know the area believe that he may have
been mistaken, and that from the description of the environmental conditions
he could have been on a peninsula on the Rio Turbio.
According to Ferrufino, there were 1,038 prisoners with him at the beginning,
but by the time he left there remained only 227 alive. He describes the
daily life on the camp, which included working all day in carbon mines. He
says many people died from the violent winds which sometimes carried people off and
smashed them against the rocks, from the cruel punishments guards would
impose on them, and from disease and malnutrition.
Government Statements
The disappearance of Marcelo Dupont, the reopening of the Holmberg and Sola cases, the
the "N.N." tombs, and the growing public support for the demands of the Mothers
of the Plaza de Mayo, manifested in a "March for Life'-' of some 10,000 people,
has placed considerable pressure on the military government. As one of the
most serious problems it faces, the response seem*: to be fwo-fold. At one level
the issue of investigations into the fate of the disappeared will be negotiated
with the political parties, using such issues as the electoral law as bargaining
chips. At a second level, some sort of respoi.se must be given to the thousands
of families who have demanded information on ttu- whereabouts of their children.
On October 19, a government spokesperson said that a "philosophical explanation" of
the problem of the disappeared would be provided. A study has been initiated, accordinj
to the official,of the "relationship between requests for information made to
the Ministry of the Interior and the presentation of writs of habeas corpus...
made before the justice system. Once these relations are established, those
who have requested information will be answered."
With regard to a statement made by the Minister of the Interior, Llamil Reston,
on September 27, in which he said the government did not know where the disappeared
were, the official told reporters "the problem does not have only one solution-...
one has to take into account that requests vary according to the case, from those,
like the church, that ask only for responses, and those that want explanations
and punishment of those responsible." He 'rejected the latter course, and said that
"the response will be given "in phi losophical/'terms and will "coincide with the position
taken by the church."
-6 -
While the local press described the source as "an official spokesperson,"shortly
following the release of the information, Interior Minister Llamil Reston,
who was on a tour of Cordoba at the time, declared he did not know who *"*e
spokesperson was, and said that his office was the only official source of
information on this matter.
POLITICAL PRISONERS
"In this country there are no political prisoners; what exists are subversive
prisoners." Jaime Lucas Lennon, Minister of J,,j,:ice, September 24, 1982.
According to the Relatives of Disappeared and Detained Persons (Familiares de
desaparecidus-detenidos por razones politicas), as of the 1st of November,
figures on political prisoners were as follows,
Prison
Prisoners
PEN
L:l Case ros
U2 Devoto
U6 Rawson
U9 La Plata
Parana
Cordoba
Mendoza
closed on September 3,
115 30
245 110
371 143
11
9
7
TOTAL
758
283
1982.
Released in September:
"Libertad Vigilada"- 27
"Libertad Condicional"- 4
"Condena Cumplida"- 5
Released in October:
"Libertad Vigilada"- 40
"Libertad Condicional - 2
"Condena Cumplida- 2
TOTAL
81
Illnesses Among Prisoners
Serious psychological illnesses ? 13
Chronic infections (changas, turberculosis, etc.) ? 4
Severe hormonal imbalance (as a result of treatments received in prison)
Cancer ? 2
Serious gynecological disorders ? 2
Bone disease ? 2
Heart disease ? 1
Severe eye wound ? i
Castro-intestinal disease ? several
? 3
2. Caseros, Devoto and Rawson are Federal prisons, administered by the Federal
Security porsonel. The other four prisons are provincial, and administered by the
provincial police. La Plata, hov/ever, is currently under federal regulations in that
section of the prison occupied by political prisoners.
3. "Libertad Vigilada" is given to most prisoners vbo have been at the disposition
of PEN. In this condition, the prison is allowed to return to his home but is
suject to a series of restrictions. He/she must report to the local police station
111:.
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Caseros
On September 3rd, Lfnidad 1 de Caseros was closed and its inmates sent to
Kawson and La Plata. For some time a campaign had been underway on the part
of human rights groups and relatives of the political prisoners to force
the government to shut down both Rawson and Caseros.
Caseros was originally intended to be put into use after the coup as a
temporary transfer ground for political prisoners awaiting trial. In practice,
however, the building became a regular penetenciary and many prisoners spent
years there. The building itself was a cement block; it had no nctural eunlight
and even in the "recreational patio" there was neither ventillation nor sunlight.
Prisoners used to spend 23 hours a day in a small individual cell where they
had to stand at attention by the bars or sit silently on a bench by the door
throughout the day. To be caught talking or sitting on their bed, for instance,
would bring severe punishments. Every three meters or sOjthere was a loud speaker
that emitted music at such a high volume that one recently released prisoner
commented " if all of the inmates were to scream at once you couldn't hear them
over the music. When the guards dragged' their billy clubs against the bars sometimes
you couldn't hear it. Even the guards used- to complain."
Following the suicide of one inmate, Jorge Toledo, on June 29 of this year
public attention focused on this prison) forcing the administration to make a
gesture of reform. Recreational hours were increased to three hours in the morning
and three hours in the afternoon, although some prisoners were so accostomed to
the isolation of their cells that they would become disturbed by the sound of
so n-'a'ny voices, and prefer to stay in their cells.
Rawson
While the treatment of prisoners varies somewhat between prisons, what distinguishes
Unidad 6-de Rawson is its location some 1,700 kilometres south of Buenos Aires
where, not only is it extremely cold and windy, but it is difficult for the
relatives of prisoners to visit.
As in the case of the other prisons under federal control, families are allowed
to visit for six consecutive days every fourty five days. But as the costs of the trip
are so high (four-million pesos or $100 U.S. dollars round trip from Buenos Aires)
even if they can afford the time for financial reasons it is often impossible.
An average worker's salary Per uionth comes to approximately half of the cost
of the trip to Rawson.
3.(cont.) two or more times a week. He/she must remain within a certain zone defined by
the police (for instance, those living in Buenos Aires may not leave the city
limits). The prisoner is interviewed periodically by security personel. Attendance
of public meetings is prohibited, as is talking to members of the press about their
experiences in jail. Violation of these restrictions carries with it two to eight years
imprisonment. In addition, many persons with "Libertad Vigilada" report they are followt
often.for twenty four hours at a time,by members of the security forces.
Of those prisoners who were tried and condemned by either military or civilian courts,
release is obtained either with "Condena Cumplida", having served the entire sentence,
of with "Libertad Conditional", which legally may be obtained after two thirds of
a sentence has been served. The latter is equiviilant to parole in the U.S.
-8-
At the end of September a letter was sent by a group of mothers of political prisoners
in Rawson to the National Director of the Federal Penetenciary System, retired
Coronel Juan Luis Coelho, in which they listed the following complaints:
"1. Between the 3rd and the 23rd of Sept., six political prisoners were
sanctioned and sent to "special dungeons" for fifteen to twenty days
without justifiable reason. To laugh or smile during line-up was one of the
accusations against them.
2. The punishment proceedure employed did not only mean isolation, but
malnutrition from scarcity of food and physical torture from the absence of
matresses and blankets despite the extreme cold.
3. During recreation on September 22n.d, the inmates were surprised by the
transmission of a conversation between 'a mother and her son,
apparently recorded in the locutory (where they aire separated by a glass
wall and talk through a metal pipe). The obvious intention was to
frighten and humiliate the political prisoners.
4. Twice a week there is a "review" of the cells and its contents, which
consists of scattering clothes,' papers, and other personal belongings,
reviewing correspondence and destroying the minimum of order that can
be maintained in this atmophere,
5. The continual presence of a guardJnside each ward constitutes a continual
psychological pressure, not only because of their presence,but because
each guard occupies himself by asking prisoners questions that they know
j have just been asked, and by making provocative comments.
6. It is common that after certain visits, recreation is suspended
"for security reasons".
i.clr.tivcc oi" 70I i"f-.ica] prisoners are demanding that all of .the'political prisoners
ﾃつｦ' -ﾃつｦ ?\c-rcd immediately. However, they say that in the neantj.r.ie the following reforms
;i~<: frit ical:
1. The transference of all prisoners to provincial jails near their areas
of residence, where not only are the visiting rules less restrictive, '
but families could afford to visit regularly.
2. The demilitarization of the Federal Penjtenciary System.
3. The immediate closure of Unidad 6 de Rawson.
4. Respect for the Right of Option (Article 23 of the Constitution)
Judicial Process ..' .
Currently, the political prisoners whose prosepects of release appear most
dim are those who have been condemned by military and civilian courts. Not only has the
Minister of Interior pledged the government to releasing all prisoners under PEN
within, eighteen months,but at the point in which the State of Siege is lifted, only the
PEN prisoners will be freed,' the rest (474 people) must have their cases dealt'with
individually by the court system.
4. 96 political prisoners at the disposition of PEN have been released since the
end of the Malvinae crisis. The Ministery of the Interior has announced that
70 will b* releases in November.The courts have also ordered the release of
? proximately 15 persons under PEN in recent manths.
-9 ?
There have been very few cases in which the Supreme Court has overturned a
a military tribunal's decision. The case of Jacobo Timerman is the most well known
of these. Human rights lawyers had hoped that the number of such cases would
increase as the political situation began to open. However, in the first case
to be decided of this nature since the Malvinas crisis, the Supreme Court rejected
an appeal of a military tribunal's condemnation of Jorge Segundo Uflates.
Unates, who was sentenced to ten years by a military tribunal in June of 1977, had
at the time of his trial neither access to a lawyer, nor advice from outside of the
prison. His family was not infomed of the proceedings until much later, and an
appeal at the time was impossible. Nevertheless, the grounds on which the case
was rejected were that too much time had elapsed between the military decision and the
appeal. The Supreme Court indicated the appeal should have occurred within ten days
of the trial in order to have effect.
CELS lawyers, who handle some 90Z of the hases concerning political prisoners, have
over 180 cases of this sort pending. The worry is , of course, that similar decisions
will'be made in the rest of the cases.
TEMPORARY DISAPPEARANCES
The apparatus for kidnapping people, beating torturing and interrogating them and then
letting them go free continues to operate with total impunity. In'the last week of
October there were three such incidents;
? On October 25, Carlos Monteros, a meat factory worker, reported he had been
kidnapped for 48 hours on the 14 of October. He was grabbed by two men, who blind
folded him with a hood and threw him into a Ford Falcon. He was beaten and tortured
with electric shock as they questioned him about his union activities. He had been
working with a group of workers to have the union "normalized", or returned to the worker
? On October 27, Dolores Lezcano of the factory, Textil Oeste, reported having
been kidnapped and tortured on account of her union activity. She had been active
in protesting the military terms of the "normalization" or her union, which favored
the CGT-Azopardo over the CGT-Brasil.
? On October 30, eighteen year old Sergio Puebla was kidnapped. He also reported
being hooded, thrown into a Ford Falcon, beaten and interrogated. He was questioned on
the whereabouts of his father, who is a former soccer player.
ARBITRARY ARRESTS
The practice of arbitrary arrest is so common that it is difficult to document every
case. Often police will enter a bar where it is known that many students pass their
time, or a meeting place for workers and arrest everyone on the premises. Usually
those arrested are released the next morning. However, the arrest remains on their
files .
Political activists are also often arrested as they are distributing flyers or
putting up posters around the city. Before the Communist Party's public act on
September 3, for instance, over 150 militants were arrested in publicizing the event.
According to the head of the party, fingerprints would be taken, along with their
names and addresses, and then they would be released.
High school and university students are often arrested if they are caught
distributing political information. On October 1, for instance, two students,
who had received permission from the head of their department to publicize the
"Hatch for Life", were arresCM while handing out flyers.
-10-
TORTURE
As is well known, the practice of torture of detained persons, not only
for political reasons> is virtually an institution in Argentine. On September
10, Interior Minister Llamil Reston suddenly issued a declaration asking all
provincial governors to take immediate measures "to avoid not only the
possibilty of torture, but the mistreatment of prisoners in provincial
jails."
Exactly what the impact of such a statement will be is difficult'to tell. -Torture
surely continues, but there has been some effort on th<= p^rt of the criminal justice
system to control it.
? On September 30, an investigation was initiated into a case of police mistreatment
of a seventeen year old boy, Osvaldo David Gutierrez. The boy's parents
have charged that the police obtained his confession under torture.The police station
under.investigation requested that the court proceedings be recorded for their use.
?On October 6,Julio Cesar Alvarez was released from prison after serving four years
for homicide. The Court of Appeals of La Plata declared that there was ineufficienC
evidence as the prisoner's confession was obtained under torture.
? In the last week of October, an inve.fitigation was widened into the alleged
torture of five youths between the ages of fourteen and seventeen by five members of t
police in Mar de Plata. In the process of looking into charges- brought
against these policemen, several other individuals came forward to testify that
they too had been tortured with electric shock by the san.e persons. It was the
decision of the judge, Pedro Ho oft,to not orly process those responsible,but to
continue investigatinr these other caser..
FREEDOM OF EXPRESSION
In contrast to the months immediately following the Malvinas crisis,,recent weeks
have been marked by an increased censorship and intimidation of members of the
press. The government initiative commenced on September 24, with the issuance
of censorship guidelines for all state-owned radio and television station. At
present it seems to be in full swing with the recent closure of three magazines.
On September 24, a statement was issued to all state-owned information media
which includes most of the radio and all of the television stations , < :
that prohibited mention of a series of subjects on the air. Originally,
the notices were received by station directors in unmarked envelopes, sometimes
followedby an anonymous telephone call reminding the director that he was personally
responsible for implementing the censorship . Several days later, the Federal
Broadcasting Committee (COMFER), admitted having issued the notices, which read
as follows:
"By the expressed disposition of the Executive Power, it is prohibited
to mention subjects having to do with subversion, cases of disappeared
persons, groups of delinquent subversives and their activities.
Mothers of the Plaza de Mayo, and everything having to do with subversion...
Neither may subjects relating to the development of judicial processes
concerning the same theme be mentioned, nor may newspaper comnEtitaries
on the same theme be mentioned. The director of each information media ﾃつｦ
is responsible for fulfilling his responsibilities, which may not be delegated
to a second or third person."
-li-
lt was also reported in the newspapers that it had been verbally communicated to
the directors that the subject of the Italian organization,Propaganda Two,
was barred from mention, although COMFER later denied this.
On October 23, the military junta issued another decree in which it warned that
it would take all measures necessary and within its powers to prevent the
continuation of "the destabilization campaign" among certain members of the
communication media. On October 29, apparently the first of those measures was
taken, when police shut down the magazine La Semana of Editorial Perfil.
At the time of the original communique^it was reported that Commander in Chief of
the Army, Cristino Nicolaidee, was annoyed by recent issues of the magazines
Humor and Linea, as well as the newspaper La Voz.
In a statement signed by President Bignone, the powers granted to the Executive
Branch under Article 23 of the Constitution were evoked as grounds for closing
La Semana, which, according to the statement was endangering "the possibility
of a national consensus" and was oriented towards "sabotaging the confidence (of the publ
in the essential institutions of the Republic."
On the same day as the shut down, television journalist, Gerardo Sofoyich,
opened a suit against the magazine for having portrayed him on the front page of
its most recent issue sticking out his tongue and wearing a military cap. He
accused La Semana, of besmirching the image of the Argentine military uniform.
The head of the Argentine newspaper owners association {-AE-KPA), Luis Etchevehere,"
condemned the closure of the magazine and declared that it was the justice
system's responsibility to determine the legality of the publication, not that of
the political authorities who "do not give more than vague reasons based on
the State of Seige."
On November 2, two other magazines were shut down ? Quorum, and Linea ? in
two decrees, numbers 1011, and 1111. Quorum is a weekly magazine recently
founded, and its first seven issues were devoted exclusively to the activites
of the Propaganda-Two in Argentine. Linea is a Peronist magazine, pertaining
to the "fVationalista" sector of the movement, which comes out monthly.
As of the 3rd of November, the responce on the part of civilian sectors to
the shut-down of these magazines has been very little.
Intimidation
The intimidatory stance taken by the government is not limited to official
statements signed by the President. There is another, perhaps more worrisome>_.?-
trend afoot and that is intimidation and violence bv unkown individuals ^ag^itijt
some members of the press. Certain publications tend to be subjected to these___
attacks more often, although members of a wide range of information media,!
including television journalists, have been threatened in the course of the '
last two months.
? On August 25, Magdelena Ruiz Guinazu, perhaps the most well-known and most
outspoken radio journalist,was subject to a series of threats which persisted
for several days. She was telephoned and threatened at night, and followed
constantly by four men in a car. In one instance^the men questioned her-
superintendent about her activities, identifying themselves as members of the
security forces.
- 12 -
? During the month of September, five other journalists reported receiving
telephone threats. They were Carlos Mallard of'Radio Mitre'; Julio Petrarca
of Editorial Perfil, Jose Palozzi of Quorum, and two reporters of the new
newspaper, La.JVoz, who said they were warned theywould be killed if they did
not stop investigating the Propaganda Two.
? On October 7, television journalist, Raul Urtizberea, reported having received
threats over the course of the four previous days.
? On October 8 and on October 3, the entrance doors of the San Isidro newspaper,
Prensa Chica were smashed in. According to the owner, Cesar Espigares Moreno,
the paper had recently been critical of the military government. He also pointed out
that the offices of the paper are only one block away from the San Isidro City Hall
where there is constant police vigilance.
? On October 10, Jose Pallozzi, owner of Qtttorum, a magazine devoted almost
exclusively to investigating the Prop.aganda-Two in Argentina, was again threatened.
He was told that Marcelo Duponts deatn was a warning and that he should get out
of the country within fourty eight hours.
? On October 17, Pedro Edgardo Siberkaster.n, correspondent for El Nacional
of Venezuela was threatened and forced to leave the country. An Argentine
national, the journalist had returned for two weeks and was considering
moving back when he received a call warning him "dont even think of bringing
your family back. If you dont get out of the country, the same thing will happen
to you that happened to Dupont."
? On October 17, it was reported that Carlos Ibanez of Editorial Abril
was threatened by anonymous callers, and sent a card with the Propaganda-Two
stamp. However, it was also reported that he was not in the country, and was only told
of the threats.
? On October 18, La Voz reported that one of their workers had been threatened by
three men in an un-licensed Ford Falcon who were armed and told him he'd be
killed if be> didnt stop working for "that Peronist newspaper."*
? On 0ctobSr_21, La Voz again reported one of its writers, Jorge Manzur,
was threatened. He was told he "would be finished off if he co"htinued to insist
on pursuing the question of the disappeared."
? On October 27, the director of the monthly, Busqueda, Horacio Salduna,
was arrested on orders from Commander of the Navy,Admiral Ruben Franco.
A low level offiaal of the Navy until the overthrow of the constitutional
government of Frondizi in 1963, Salduna published two articles that reportedly
angered Franco ? one on the Navy uprising in the south of the country in September,
and the other on the history of military coups in Argentina. He was sentenced to
ten days arrest.
The concerns of the Argentine prccc association , ADEPA, at this tLc cefcu. ^o
be the following, as expressed by the president of the association on October 7.
l)The continuing problem of the National Security Law,
2)Discriminiation of the state-owned news print company, which sells print to
La Razon, Clarin, and La Nacion (he asserts "a newspaper to be independent
can not be in business with the state),
3) Discrimination of the new broadcasting law which calls for a "competition" in
the privatization of the state-owned media, but bars newspaper and magazine owners
from participating in that competition.
HARASSMENT OF HUMAN RIGHTS GROUPS
During the month of September, human rights activists, in particular, members
of the Mothers of the Plaza de Mayo and CELS, were subjects of a series of
intimidatory actions, including wall poster smear campaigns and threatening
telephone calls.
The wall poster smear campaign began on August 24 with the vice-president
of the Mothers of the Plaza de Mayo, Maria A. Gard de Antokoletz. According to the
superintendent of her building, fifteen to twenty men dressed in civilian
clothes forced their way into the apartment building and posted signs throughout
the hallways accusing Antokoletz of being a "mother of terrorists," being
"anti-Argentina ... desiring the failure of a peaceful national policy, and
delighting in the suffering of Argentine families." The men told the superintendent
they were from the Federal Police.
On the following night, four other members
of the Directive Commission of the Mothers
received the same treatment. All of them
discovered signs posted inside their buildings
and on the street outside identical to the
one reprinted here,but with the names and
addresses changed.
Also on August 25, a fifth Mother received
a telephone call warning her that if she
did not stop her political activities she
would have her apartment blown up. Several
members of CELS were also called and threatened
CELS lawyers filed a complaint on the days
following both incidents, and demanded
the judge order the appropriate protection.
A telegram was also sent to the Minister
of the Interior, who had refused to receive
the group.
On September 3, dnotbr.r merger of I'^e
Mothers of the Plaza de Mayo had the front
of her apartment building painted in
flourescent red with the words "This is the
home of terrorists." On the same night.,
Padre Antonio Puigjane, of Nueva Pompeya,
who often accompanies the Mothers of thP. Flaza de Mayo on their Thursdav prote^T
found the front of his church plastered with signs accusing him of being ""a fa"ke"
and "fomenting hatred"in his collaboration with the Mothers.
On September 20, three members of CELS, Emilio Mignone, Augusta' Conte MacDonell
and Alicia Oliveira had large signs painted on the outsides of their buildings.
Each one had their names and address painted at the top, and below appeared
stamped in large letters "Advice on Terrorist Problems."
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-14 -
Prohibition of Meetings
In addition to this semi-clandestine intimidation, the government has prohibited a
6eries of events planned by human rights groups.
? On October A, a public meeting organized by the Relatives of Disappeared
and Detained Persons called "Poems and Songs for the Reencounter" was prohibited.
Hundreds of people arrived at the auditorium where the event was to be held,
but police had closed the building and prevented the public from gathering.
? On October 5, a "March for Life", organized by the eight human rights groups
and endorsed by over a hundred political, church and labor leaders,
as well as prominent individuals, was prohibited by the government. A statement
was issued on the previous day, accusing the organizers of opening the wounds
caused by the terrorist war."it said that it "is the responsibilty cf the government t(
avoid situations in which the body of the society will be harmedf"and characterized
such marches as "another exteriorization of the regretable events which took
place during the terrorist war." The announcement, which listed the names
of all the sponsors texcept the Mothers of the Plaza de Mayo, who were called the
"Mothers of Deliquent Terrorists*) was broadcasted by radio and television,
Despite the government ban, some 10,000 persons inarched through the streets demanding
that "the disappeared reappear with life." Although police prevented marchers from
entering the Plaza de Mayo, there were ..no incidents of violence and the protest was
tionsidered a success.
?On October 6, a public round-table discussion, organized byﾃつｦCELS, was prohibited?"
The meeting, entitled "The Auto-Amnesty" was to take place in a hotel, but police
prevented the group from entering. Participants marched through the streets to the
offices of CELS where the meeting was held.despite the government prohibition.
? On October 15, a round-table discussion on "Freedom of Expression" organized
by the Permanent Assembly for Human Rights was prohibited. Also scheduled to take
place in a hotel, participants conducted the meeting despite the ban in the
offices of the Assembly.
NEGOTIATIONS AND MILITARY CONTROL OF "INSTITUTIONALIZATION" -
Discussion of the future role of the military in the management of the
country has become a key point of tension in the current political struggle.
According to the military vicar, Monsenor Jose Miguel Medina, "The Armed
Forces should participate in the management of the country. It is not possible
to put them aside." Retired General Antonio Domingo Bussi asserts "The
Armed Forces are a permanent reality... In addition, given the circumstances
even more than a reality, they are the principal protagonists. They should not only
be present,they should be the principal convoker.
Through a series of proposals,.the military government has made clear that
its conception of "institutionalization" as the "final stage of the Process of
National Reorganization" means, first and foremost, control of the process
of redemocratization and control of the future. These proposals include a
"concertacion" or a deal with the political parties, an amnesty for the military
for crimes committed during the "war against subversion", and more tentatively,
control of faculty hiring at the national universities, maintenance of the
current federal judges, and transfer of state-owned media to a "selective' private.sect
Each of these issues has encountered strong resistance among civilian sectors.
However, the trump card - elections and the return to democracy - is in the hands
of the military. The President continues to maintain the State of Sie^, an
election date has yet to be set, coup rumors abound and official spokesmen
allude to a conditioning of the return to democracy on promises that there
will be no investigations into activities of the government of "National Reorgan-
ization". The delicacy of the situation places considerable pressure on
the political parties, and the common respon.se, as expressed by one newspaper
editorial, is that "half a loaf of bread is better than none."
"Concertac iun"
On October 21, President Reynaldo Bignone set forth five points which the
government considers essential sujects of negotiations with the political parties.
They were 1) the Malvinas crisis, 2) the war against subversion, 3) the economic
question, 4) the foreign debt, and 5) the Beagle Channel.
Virtually all of the major parties have rejected the concept of a "concertacion",
or a negotiated agreement, as it was presented by the government. Their fear is,
of course, not only that popular opinion would not permit it, but that their
future flexibility would be restricted.
At this point, the idea of a "concertacion" is still in its initial stage. The
government remains vague on the actual terms of the agreement thev are seeking,
,-jnd the political parties have yet to reorganize and accoruodditr thfir i.ccii^l
r:i visions . In addition, as a block, the Mu It ipart idaria" has been, th'u^ f4-.r,
relatively ineffective in its attempt to coordinate the dialogue between
the political parties and the military.
Nevertheless, both as a subject in and of itself, and as an umbrella term for
all of the issues considered essential negotiating material by the military,
the "concertacion", in one form or another, looms large on the horizen.
Auto-Amnes ty
One of the issues which has not been explicitly mentioned in the context of the
"concertacion", but will surely form a part,is that of an amnesty for the military.
In the first weeks of September, the<'press received word that an amnesty law
was under consideration by the military that would presumably benefit both
sides ? that is,both political prisoners and those responsible for what the
military calls "excesses in the war against subversion."
The discussed law, however, upon closer examination would seem to only benefit
a handful of prisoners and would prevent investigation and punishment of those
responsible for the torture, murder and illegal detention of thousands of
citizens. It proposed releasing those PEN prisoners who were' under 21 when arrested,
and those who were sentenced by military tibunaIs or courts to under five years
imprisonment. Prisoners in Rawson who recently voted they would opposfi the
amnesty, estimated that only nine or ten prisoners would be benefited.
In a round-table discussion of the - amnesty law held at CELS, Bishop Jaime de
Nevares of Neuquen commented on the August 15 document of the Argentine Episcopal
Conference which referred to a "pardon" for those responsible for crimes in the
war against subversion. He said:
"Those who can pardon are the offended, that is, each person and family who
have suffered most intimately the violation of their rights. No one can
replace them, not even the Episcopal... It can not be that those who have
committed crimes against humanity are amnestied, and worse, self-amnestied.
It can not be, because the Republic will not be reborn morally healthy and
institutionally strong if there is not a sanction. To forget would mean adding one
more crime."
-16 -
"Concursos"
In an attempt to legitimize the current faculty of the national universities,
the military authorities have initiated "concursos", or a competition for
faculty positions at a variety of levels. Since the military coup in 1976,
when hundreds of professors were fired from the university, there has been
no formal recognition of faculty positions: except for in 1977, when a list of names was
issued of faculty with tenure, hiring has been done on a year to year basis
with no guarentees of job security.
The commencement of thtse "concursos" has sparked considerable protest, as appointments
wouLd last seven years and effectively exclude most of those who do not support the
current government. The university law, decreed early this year, actually
states that preference will be given to those teachers already within the
universities, and that those in opposition to the government will be excluded.
A group of fifty two prominent intellectuals, all of whom have been exluded from the
national university in Buenos Aires, issued a lengthy statement in which they
condemn the holding of "concursos" at this point in time: They say that this is
an "attempt to create a facade of normalcy over a base of arbitrariness, of persecution.
and of corruption." The statement also denounces the fact that the competition
is occurring under a state of siege, when teachers have been barred from the
university, when they have disappeared, been imprisoned and been forced into
exile, when whole departments have been shut down or severely diminished
and when the right to form professional associations is denied.
Immobility of Judges and Privatization of Media
There are two other areas in which the military is seeking to maintain a certain
amount of control following a return to civilian rule. The first concerns the
justice sytem, where there is an effort to insure the inmobility of the current
Federal Judges. The second involves the state-owned information media, and the
rapid privatization of these businesses before a new government assumes power.
For the Federal Judges and the Justice Minister, the subject of the independence
of the Judicial Branch has become one of great worry in the last months. Many
of the political leaders have declared that, just as the Federal Judges were
replaced following the military coup in- 1976, so too would all of the current
Federal Judges, who have become so closely identified with the "process", have
to be replaced. Investigations of disppearances, of corruption, and perhaps
even the Malvinas war, would never occur under the current judges, according
to many people, and so their removal is demanded.
Justice Minister Jaime Lucas Lennon, however, has several times in the last
weeks asserted that "'Institutionalization* does not in any way signify a
break in the Judicial Branch ." And in a series of instance* the President has
also indicated that he has great faith in the justice system, which he says
will thoroughly investigate such cases as the disappearances of Dupont, Holmberg
and Sola. As such, tfie issue will surely comprise part of the civilian/military
negotiations on terms of the return to civilan rule.
In the case of the privatization of the state-owned radio and television stations,
the military government has declared that, based on the "Ley de Radiodifusion"
of 1980, there will be a competition for ownership of these businesses.
The decision to sell the information media now, clearly reflects the
military's desire to avoid providing the next civilian government with such
a propaganda deviseﾃつｻThe fact that there will be a competition, in addition-
implies that those selecting have a certain set of criteria for whom they
would like to see as the next owners. One group that has already been exluded
by law, and has protested furiously, includes all those persons and organizations
either legally or economically connected to the printed information media.
"HEMOR1A Y JUICIO"
A series of six booklets recently published by CELS and the Neuquen. Commission
of Relatives of Disappeared and Detained Persons, on various aspects of the
repression in Argentina since the military coup of 1976 is being distributed
around i-he country. During the first week of October copies were sent to over
500 individuals and groups within the country, including all of the Federal Judges,
professional associations, church, labor and political leaders.lt is expected that
the series will be sold in newstands and bookstores beginning in November.
The set includes five booklets published by CELS, entitled "Adolescentes detenidos-
desaparecidos," "Nifios desaparecidos."Conscriptos detenidos-desaparecidos,"
"El secuestro^como metodo de detencion," and "Muertos por la represion." The
sixth booklet,"published by the Relatives in Neuquen,is called "La familia victima
dc la represion." All are approximately twenty pages long, and together comprise
the first source of information on the repression of the last six years to
be disseminated within the country.
Copies of these booklets, which as a series are entitled "Memoria y Juicio",
may be obtained through CELS at a cost of five U.S. dollars to cover mailing
expenses.
***************************
A
rtpCenho de Estudios Legates y
Rodriguez Pefia 286 - 1er. piso - 1020 Buenos Aires - Republics Argentina ? T.E. 40 - 9968
November 4, 1982
The following bulletin is intended to serve as an "update" on human
rights in Argentina covering the months of September and October,1982.
In an effort to provide those in North America and Europe who are
working on Argentina with information which may not be readily
available outside of the country, a similar report will be issued
bi-monthly during the course of the next year.
HUMAN RIGHTS BULLETIN: SEPTEMBER - OCTOBER, 1982
Contents
Introduction
I.
The Disappeared
- Dupont
- Holmberg and Sola
- The "N.N." Tombs
- Disappeared Reappearing?
- Government Statements
II.
Political Prisoners
- Figures
- Caseros
- Rawson
- Judicial Process
Ill
. Temporary Disappearances
IV
. Arbitrary Arrest
V
. Torture
VI
. Freedom of Expression
- Intimidation ﾃつｦ
VII
. Harassment of Human Right
VIII
. Negotiations and Military
ARGENTINA PROJECT (S200000044)
U.S. DEPT. OF STATE,"A/RPS/B>S
Mamret P. Grafeld, Director
(yfRdetse ( )Emse ( )Deay
Exemptions):_________________^_
Declassify: ( ) In Part ( )InFuB
( ) Classify *s_ ( ) Extend as_ ( ) Downgrade to.
Date_________Declassify or_________Reason___
s Groups
Control of "Institutionalization"
IX. "Memoria y Juitio"
8F123
178/293
AFILIADO: Comisi6n Internacional de Juristas (Ginebra! ? Liga Internacional por los Derechos Humanos (New York;
i
I'
Centra de Estudbs Legales y Sociales
Rodriguez Pena 236 - ler. piso - 1020 Buenos Aires - Republics Argentina - T.E. 40 - 996E
HDMAK RIGHTS BULLETIN: SEPTEMBER - OCTGBER, 1982
Five months after military defeat in the Malvinas, Argentina's military government
has committed itself to a return to civilian rule by March, 1984, and has permitted
the reactivation of most political parties. However, in the context of increasing
public pressure for investigations into the Malvinas war, the economic crisis, and,
above all, the fate of the "disappeared", the government is attempting to reign in
the process of redemocratization (referred to as an "institutionalization" by the
authorities) . It is seeking a "concertacion" or a deal with the political parties,
and is attempting to bar the subject of investigations into human rights violations
from public discussion.
On September 24, only three days after its reformation, the military junta made its
attitude clear on the issue of investigations into the "war against subversion."
"Given the evidence of a growing campaign carried out by certain persons and
groups, disseminated by certain communication media, against the actions of the
Armed Forces, the security and the police forces in their struggle against
delinquent terrorists, the military junta communicates:
"1. That, all of the operations intiated against terrorist bands were
executed' in conformation with plans approved and supervised by the organic
authorities of the Armed Forces in full excercize of their constitutional
respons ibility.
"2. That, consequently, this military junta will take all legal measures
that correspond to the protection of the military, security and police
institutions against false declarations, intended to promote disintegration
slander, and/or other biased public declarations.
"3. That Law 20.840? in reference to subversive activities, is maintained
in full operation."
Since this declaration was made Commander in Chief of the Navy, Jorge Isaac Anaya
was replaced by Admiral RuDen Franco, who joined Brigadier Augusto Hughes and
General Cristino Nicolaides as junta members. At his swearing in on October 1,
newest members position on human rights investigations, the following statement,
Franco clearly expressed is agreement with this position ;-
1. Law 20. 840, sanctioned by Congress in September, 1974 dictates, the punishment of
subversive activities in all its forms." Article 1 establishes imprisonment .of three to
five years for those who " intend by any means to alter or supress. the institutional
API LIADO- Comisi6n Internacional de Juristas (Ginebra) ? Liga Intemacional por los Derechos Humanos (New York)
mfWi
CELSW
-2 -
"Let it be clear that we will not permit anyone, no matter what the
pretext, to accuse us in the name -i the same human rights that we
fervently defended, and even less (will we) accept the attacks'by
the same sinister people of terrorism newly disguised behind a mask of
sly and cagey innocence."
But the government offensive has not been limited to official declarations;
it has been reinforced at two other levels. The first is that of official censorship
and prohibition of events. State-rowned radio and television stations were
barred from mantioning the subject of the disappeared, for instance, and the
magazine, La Semana was shut down. A series of human rights events were also
prohibited by the government.
The second level is that of intimidation and violence. On September 29, Warcelo
Dupont disappeared and was found dead nine days later. Journalists and
human rights groups have been subjected to a series of intimidatory actions^
and in three instances, persons were "temporarily disappeared."
THE DISAPPEARED
As is known, there are over 6,000 cases of people who have disappeared
since the military coup of March, 1976 that have been registered with the
Ministry of the Interior. The total number of disappeared persons is estimated
by church sources to be closer to 30,000. At this point, the government
has answered the requests for information in approximately 1,000 of these
cases, usually declaring that the person was found dead, was in the custody
of the state, or was outside the country. Approximately 4,000 cases were
presented to the courts, not one of which has been resolved.
Dupont
On SepLembur 30, one more person was added to that list. Marcelo Dupont,
kb vears old and the father of four children, left the house of a friend at
6 p.m. and was not seen again until October 7 when he was found dead on
a sidewalk in a wealthy residential district of Buenos Aires. According
to the friend who saw him last, Dupont mentioned that he thought he had seen a
white Ford Falcon following him. .....
The victim was the brother of Gregorio Dupont, a key witness in the,.-
recently reppened investigation into the disappearance of diplomat Helena
Holmberg in 1978. Gregorio Dupont insists that the disappearance and
murder of his brother is related to that testimony, in which he revealed that she
had told him shortly before her disappearance that she had evidence that
former Navy commander, retired Admiral Emilio Massera, had paid a leader
of the Argentine guerrilla group, the Montoneros, over one million dollars,
Members of the Holmberg family have stated that they believe Helena was
killed because she "knew too much."
l.Ccont.) order and the social peace of the nation, by avenues not established
by the national constitution and the legal bodies which organize the political, '
social and economic life of the nation." Section b) of Article 3) established
i.rprisonement of three to five years for "Owners or Editors of any sort of
publication, directors and broadcasters of radio and television stations,
or those responsible for ar.y co-.-.:ur_ication media that informs or propagates
events, images, 'ﾃつｫ" -"nimuni cat ions 'r -h,. sort mentioned in Article i.'!
^^ﾃつｦ^^ﾃつｦ^ﾃつｦ^ﾃつｦ^ﾃつｦ^^ﾃつｦ^ﾃつｦ^ﾃつｦ^^ﾃつｦ^ﾃつｦ^^^ﾃつｦ^^ﾃつｦ^ﾃつｦ^ﾃつｦ^ﾃつｦ^M^n
President Reynaldo Bignone and the Interior Minister, Llamil Reston, have declared
that the murder of Dupont will be cleared up by the justice system in which they
have great faith. The head of the Federal Police, Juan Bautista Sasiaift, has
said that he does not believe the crime was of "political origins". According to
the victim's brother, Gregorio, as he was leaving the morgue on October 8, police
officials told him they believed that Marcelo Dupont's death was a case of suicide and
not murder.
Public outcry following the discovery of the body was considerable. Politicians^
church leaders and human rights groups have demanded that those responsible for
the crime be identified and punished. One newspaper editorial interpreted the
incident as a warning to those who have been involved with the current government
to keep silent. And the Archbishop of Santa Fe, Monseftor Vicente 2azpe, declared
that disappearances "are not a novelty in Argentina," and insisted that this
"permanent and significant impunity must not be tolerated."
The court investigation into the murder, after almost a month of activity and
daily newspaper articles on the case, has turned up little. A series of clues,
(including the discovery of a bag supposedly containing clothes and documents
belonging to.Dupont in Colonia,Uruguay, and the testimony of a Brazilian
bus driver that he had driven Dupont from Porto Alegre to Uruguay on October.5)
sent Judge Eduardo Gerome off on an investigative trip to "Brazil and.Uruguay.
On October 25, however, it was revealed that according %o doctors conducting the
autopsy, Dupont had been tortured with electric shock at!, least twenty four
hours before being killed. This, together with the fact that Dupont had been
barred from leaving the country as a result of a court order having to do
with his bankrupt advertising business,led his widow to declare that she did
not believe that her husband had traveled to Brazil and Uruguay during the period of
his disappearance.
Holmberg and Sola
Even before this latest disappearance, the subject of the disappeared bad gained
more press attention than any time in the last six years as a result of accusations
by former Treasury Minister Juan Alemann ^hat former Navy Commander, Emilio
Massera was responsible , among other things, for the disappearances and murders
of two Argentine diplomats, Helena Holmberg and Hector Hidalgo Sola.
Alemann asserted that killing terrorists was fine, but that the murder of
two diplomats was not and should be properly investigated.
Holmberg, who had been working in Paris with a group of Navy Intelligence members,
disappeared at the end of 1978 in Buenos Aires and was found dead a few wefeks later.
According to her family, the government has never allowed a proper invest igatioij-
and with press attention focused on the case, they managed to have the case reopened
on September 23. One of the key witnesses was Gregorio Dupont, who testified
that Holmberg has tolH him shortly before her disappearance, that she knew
Massera had paid Moatonero leader,Mario Eduardo Firmenich, over one million
dollars.
A court investigation into the July,1977 disappearance of Argentine ambassador to
Venezuela, Hector Hidalgo Sola, was also reopened as a result of press attention.
Family members declared they believed the crime was related to the Italian masonic
lodge, Propaganda-Two, the leader of which had just been arrested in Switzerland.
It was also alleged that the new ambassador to Venezuela, Federico Bartfeld,
was an important Argentine member of the organization. The Sola case was reopened
on October 1.
-4 ?
Meanwhile, the attention on these two cases spread to others that'
were considered similar. Amoni? those which have gained attention are those of
journalist Rodolfo Fernandez Ponual, Capt. Horacio Francisco Gandara,and Fernando
Brancs.
The Mothers of the Flaza de Mayo, in response to this selective attention that
was being given to cases of disappeared, issued a statement in reference to
Alemannsassert ion that "killing terrorists was fine'.' They declared that
violation of human rights occurs independently of social status, and that
"it should be enough to awaken tne ethical consciousness of the society that ﾃつｦ
this is committed against any person... If he (Alemann) wanted to give names
he si;.mid have added those of Alice Domon and Leonie Duquet, two French
nuns, or the Swedish adolescent, Dagmar Hagelin, the writers, Haroldo Conti, Rodolfo
Walsh, Fernandez Policial, Lne journalist Edgardo Sajon, or the worker, Oscar Smith."
Tiie "N.N." Tombs
Public attention was further focused on the issue of the disappeared when on
October 22, six human rights leaders filed suit in the criminal court of San
Kartin, demanding that some 400 cadavers, buried in the cemetery Grand Bourg,
in a section marked "N.N.", be identified . The unmarked gravesites came to-the
attention of human rights groups when it was learned that labor leader, Miguel
Angel Sosa who had disappeared on May 25, 1976, was buried there.
Sosa's body was reportedly found on a river bank the day after he was kidnapped,
although it was not until February, 1981 that the relatives of the victim were
informed, and told that he was buried in Grand Bourg. The family obtained a court
order to have the body exhumed, and in that process discovered that in the same grave
in which Sosa was buried, there were also three other bodies.
Neighbors, interviewed by human rights leaders visiting the site, testified that
military vehicles, perhaps belonging to the nearby military installation,
Canipo de Mayo, used to bring corpses at night and bury them. Based on the fact that
there arc 88 tombs marked "K.N.", it is estimated that there may be some
'?00 unidentified bodies buried in Grand Bourg.
'.,)n October 27. Judge Hu^o Gandara, who had in his custody the cemetery's register,
declared his ,;i;iminal court incompetent in this matter and passed the case
to the federa] justice system. The state attorney has appealed the decision,
however, and the case now goes to the Court of Appeals where it will surely be
stalled for some time.
On October 28 and 29,two other cases were presented to local courts by relatives of
disappeared persons and human rigtits lawyers. The first concerned the existence of
some 300 grave sites in the cemetery of La Plata marked "N.N.", and the second
was in regard to an undetermined number of "N.N." tombs in the cemetery of
Lomasde Zaraora. In both cases, it has been demanded that the bodies not be roi n-rd
from these grave sites until they are publicly identified.
The existence of these "N.N." tombs was verified in the Inter-American Commission
on Human Rights'report on Argentina in 1979. The report also said that during
the years from 1976 - 1979, large numbers of bodies were buried under the title
"N.N.", and that the majority of them pertained to persons between twenty ~
and thirty years of age.
Disappeared Reappearing?
On October 10, the Relatives of Disappeared and Detained Persons
issued a statement to the Argentine Episcopal Conference, in which they assert
that several persons who were "disappeared^' reappeared during, the.-.month of-
October. The letter said that these people, who are in a "deplorable physical and
psychological state", are being heavily protected by their families, and are
therefore unable to allow their names to be used.
On September 29, an interview was published in La Ultima Hora of La Paz,
Bolivia, with Miguel Angel Ferrufino, a Bolivian who was reportedly "disappeared"
in Argentina between 1974 and August, 1981, when he was turned over to the
Bolivian police. Having only just been released from prison a few days before
the interview, a Methodist priest was apparently in contact with the boy and
convinced him to talk to the press.
Ferrufino was sixteen years old and studying under a scholarship in Cordoba
when he disappeared. He and several other Bolivian students lived for seven
years in a concentration camp he says was on "Isla San Martin" at the mouth
of the Beagle Channel. Persons who know the area believe that he may have
been mistaken, and that from the description of the environmental conditions
he could have been on a peninsula on the Rio Turbio.
According to Ferrufino, there were 1,038 prisoners with him at the beginning,
but by the time he left there remained only 227 alive. He describes the
daily life on the camp, which included working all day in carbon mines. He
says many people died from the violent winds which sometimes carried people off and
smashed them against the rocks, from the cruel punishments guards would
impose on them, and from disease and malnutrition.
Government Statements
The disappearance of Marcelo Dupont, the reopening of the Holmberg and Sola cases, the
the "N.N." tombs, and the growing public support for the demands of the Mothers
of the Plaza de Mayo, manifested in a "March for Life'-' of some 10,000 people,
has placed considerable pressure on the military government. As one of the
most serious problems it faces, the response seem*: to be fwo-fold. At one level
the issue of investigations into the fate of the disappeared will be negotiated
with the political parties, using such issues as the electoral law as bargaining
chips. At a second level, some sort of respoi.se must be given to the thousands
of families who have demanded information on ttu- whereabouts of their children.
On October 19, a government spokesperson said that a "philosophical explanation" of
the problem of the disappeared would be provided. A study has been initiated, accordinj
to the official,of the "relationship between requests for information made to
the Ministry of the Interior and the presentation of writs of habeas corpus...
made before the justice system. Once these relations are established, those
who have requested information will be answered."
With regard to a statement made by the Minister of the Interior, Llamil Reston,
on September 27, in which he said the government did not know where the disappeared
were, the official told reporters "the problem does not have only one solution-...
one has to take into account that requests vary according to the case, from those,
like the church, that ask only for responses, and those that want explanations
and punishment of those responsible." He 'rejected the latter course, and said that
"the response will be given "in phi losophical/'terms and will "coincide with the position
taken by the church."
-6 -
While the local press described the source as "an official spokesperson,"shortly
following the release of the information, Interior Minister Llamil Reston,
who was on a tour of Cordoba at the time, declared he did not know who *"*e
spokesperson was, and said that his office was the only official source of
information on this matter.
POLITICAL PRISONERS
"In this country there are no political prisoners; what exists are subversive
prisoners." Jaime Lucas Lennon, Minister of J,,j,:ice, September 24, 1982.
According to the Relatives of Disappeared and Detained Persons (Familiares de
desaparecidus-detenidos por razones politicas), as of the 1st of November,
figures on political prisoners were as follows,
Prison
Prisoners
PEN
L:l Case ros
U2 Devoto
U6 Rawson
U9 La Plata
Parana
Cordoba
Mendoza
closed on September 3,
115 30
245 110
371 143
11
9
7
TOTAL
758
283
1982.
Released in September:
"Libertad Vigilada"- 27
"Libertad Condicional"- 4
"Condena Cumplida"- 5
Released in October:
"Libertad Vigilada"- 40
"Libertad Condicional - 2
"Condena Cumplida- 2
TOTAL
81
Illnesses Among Prisoners
Serious psychological illnesses ? 13
Chronic infections (changas, turberculosis, etc.) ? 4
Severe hormonal imbalance (as a result of treatments received in prison)
Cancer ? 2
Serious gynecological disorders ? 2
Bone disease ? 2
Heart disease ? 1
Severe eye wound ? i
Castro-intestinal disease ? several
? 3
2. Caseros, Devoto and Rawson are Federal prisons, administered by the Federal
Security porsonel. The other four prisons are provincial, and administered by the
provincial police. La Plata, hov/ever, is currently under federal regulations in that
section of the prison occupied by political prisoners.
3. "Libertad Vigilada" is given to most prisoners vbo have been at the disposition
of PEN. In this condition, the prison is allowed to return to his home but is
suject to a series of restrictions. He/she must report to the local police station
111:.
-7 -
Caseros
On September 3rd, Lfnidad 1 de Caseros was closed and its inmates sent to
Kawson and La Plata. For some time a campaign had been underway on the part
of human rights groups and relatives of the political prisoners to force
the government to shut down both Rawson and Caseros.
Caseros was originally intended to be put into use after the coup as a
temporary transfer ground for political prisoners awaiting trial. In practice,
however, the building became a regular penetenciary and many prisoners spent
years there. The building itself was a cement block; it had no nctural eunlight
and even in the "recreational patio" there was neither ventillation nor sunlight.
Prisoners used to spend 23 hours a day in a small individual cell where they
had to stand at attention by the bars or sit silently on a bench by the door
throughout the day. To be caught talking or sitting on their bed, for instance,
would bring severe punishments. Every three meters or sOjthere was a loud speaker
that emitted music at such a high volume that one recently released prisoner
commented " if all of the inmates were to scream at once you couldn't hear them
over the music. When the guards dragged' their billy clubs against the bars sometimes
you couldn't hear it. Even the guards used- to complain."
Following the suicide of one inmate, Jorge Toledo, on June 29 of this year
public attention focused on this prison) forcing the administration to make a
gesture of reform. Recreational hours were increased to three hours in the morning
and three hours in the afternoon, although some prisoners were so accostomed to
the isolation of their cells that they would become disturbed by the sound of
so n-'a'ny voices, and prefer to stay in their cells.
Rawson
While the treatment of prisoners varies somewhat between prisons, what distinguishes
Unidad 6-de Rawson is its location some 1,700 kilometres south of Buenos Aires
where, not only is it extremely cold and windy, but it is difficult for the
relatives of prisoners to visit.
As in the case of the other prisons under federal control, families are allowed
to visit for six consecutive days every fourty five days. But as the costs of the trip
are so high (four-million pesos or $100 U.S. dollars round trip from Buenos Aires)
even if they can afford the time for financial reasons it is often impossible.
An average worker's salary Per uionth comes to approximately half of the cost
of the trip to Rawson.
3.(cont.) two or more times a week. He/she must remain within a certain zone defined by
the police (for instance, those living in Buenos Aires may not leave the city
limits). The prisoner is interviewed periodically by security personel. Attendance
of public meetings is prohibited, as is talking to members of the press about their
experiences in jail. Violation of these restrictions carries with it two to eight years
imprisonment. In addition, many persons with "Libertad Vigilada" report they are followt
often.for twenty four hours at a time,by members of the security forces.
Of those prisoners who were tried and condemned by either military or civilian courts,
release is obtained either with "Condena Cumplida", having served the entire sentence,
of with "Libertad Conditional", which legally may be obtained after two thirds of
a sentence has been served. The latter is equiviilant to parole in the U.S.
-8-
At the end of September a letter was sent by a group of mothers of political prisoners
in Rawson to the National Director of the Federal Penetenciary System, retired
Coronel Juan Luis Coelho, in which they listed the following complaints:
"1. Between the 3rd and the 23rd of Sept., six political prisoners were
sanctioned and sent to "special dungeons" for fifteen to twenty days
without justifiable reason. To laugh or smile during line-up was one of the
accusations against them.
2. The punishment proceedure employed did not only mean isolation, but
malnutrition from scarcity of food and physical torture from the absence of
matresses and blankets despite the extreme cold.
3. During recreation on September 22n.d, the inmates were surprised by the
transmission of a conversation between 'a mother and her son,
apparently recorded in the locutory (where they aire separated by a glass
wall and talk through a metal pipe). The obvious intention was to
frighten and humiliate the political prisoners.
4. Twice a week there is a "review" of the cells and its contents, which
consists of scattering clothes,' papers, and other personal belongings,
reviewing correspondence and destroying the minimum of order that can
be maintained in this atmophere,
5. The continual presence of a guardJnside each ward constitutes a continual
psychological pressure, not only because of their presence,but because
each guard occupies himself by asking prisoners questions that they know
j have just been asked, and by making provocative comments.
6. It is common that after certain visits, recreation is suspended
"for security reasons".
i.clr.tivcc oi" 70I i"f-.ica] prisoners are demanding that all of .the'political prisoners
ﾃつｦ' -ﾃつｦ ?\c-rcd immediately. However, they say that in the neantj.r.ie the following reforms
;i~<: frit ical:
1. The transference of all prisoners to provincial jails near their areas
of residence, where not only are the visiting rules less restrictive, '
but families could afford to visit regularly.
2. The demilitarization of the Federal Penjtenciary System.
3. The immediate closure of Unidad 6 de Rawson.
4. Respect for the Right of Option (Article 23 of the Constitution)
Judicial Process ..' .
Currently, the political prisoners whose prosepects of release appear most
dim are those who have been condemned by military and civilian courts. Not only has the
Minister of Interior pledged the government to releasing all prisoners under PEN
within, eighteen months,but at the point in which the State of Siege is lifted, only the
PEN prisoners will be freed,' the rest (474 people) must have their cases dealt'with
individually by the court system.
4. 96 political prisoners at the disposition of PEN have been released since the
end of the Malvinae crisis. The Ministery of the Interior has announced that
70 will b* releases in November.The courts have also ordered the release of
? proximately 15 persons under PEN in recent manths.
-9 ?
There have been very few cases in which the Supreme Court has overturned a
a military tribunal's decision. The case of Jacobo Timerman is the most well known
of these. Human rights lawyers had hoped that the number of such cases would
increase as the political situation began to open. However, in the first case
to be decided of this nature since the Malvinas crisis, the Supreme Court rejected
an appeal of a military tribunal's condemnation of Jorge Segundo Uflates.
Unates, who was sentenced to ten years by a military tribunal in June of 1977, had
at the time of his trial neither access to a lawyer, nor advice from outside of the
prison. His family was not infomed of the proceedings until much later, and an
appeal at the time was impossible. Nevertheless, the grounds on which the case
was rejected were that too much time had elapsed between the military decision and the
appeal. The Supreme Court indicated the appeal should have occurred within ten days
of the trial in order to have effect.
CELS lawyers, who handle some 90Z of the hases concerning political prisoners, have
over 180 cases of this sort pending. The worry is , of course, that similar decisions
will'be made in the rest of the cases.
TEMPORARY DISAPPEARANCES
The apparatus for kidnapping people, beating torturing and interrogating them and then
letting them go free continues to operate with total impunity. In'the last week of
October there were three such incidents;
? On October 25, Carlos Monteros, a meat factory worker, reported he had been
kidnapped for 48 hours on the 14 of October. He was grabbed by two men, who blind
folded him with a hood and threw him into a Ford Falcon. He was beaten and tortured
with electric shock as they questioned him about his union activities. He had been
working with a group of workers to have the union "normalized", or returned to the worker
? On October 27, Dolores Lezcano of the factory, Textil Oeste, reported having
been kidnapped and tortured on account of her union activity. She had been active
in protesting the military terms of the "normalization" or her union, which favored
the CGT-Azopardo over the CGT-Brasil.
? On October 30, eighteen year old Sergio Puebla was kidnapped. He also reported
being hooded, thrown into a Ford Falcon, beaten and interrogated. He was questioned on
the whereabouts of his father, who is a former soccer player.
ARBITRARY ARRESTS
The practice of arbitrary arrest is so common that it is difficult to document every
case. Often police will enter a bar where it is known that many students pass their
time, or a meeting place for workers and arrest everyone on the premises. Usually
those arrested are released the next morning. However, the arrest remains on their
files .
Political activists are also often arrested as they are distributing flyers or
putting up posters around the city. Before the Communist Party's public act on
September 3, for instance, over 150 militants were arrested in publicizing the event.
According to the head of the party, fingerprints would be taken, along with their
names and addresses, and then they would be released.
High school and university students are often arrested if they are caught
distributing political information. On October 1, for instance, two students,
who had received permission from the head of their department to publicize the
"Hatch for Life", were arresCM while handing out flyers.
-10-
TORTURE
As is well known, the practice of torture of detained persons, not only
for political reasons> is virtually an institution in Argentine. On September
10, Interior Minister Llamil Reston suddenly issued a declaration asking all
provincial governors to take immediate measures "to avoid not only the
possibilty of torture, but the mistreatment of prisoners in provincial
jails."
Exactly what the impact of such a statement will be is difficult'to tell. -Torture
surely continues, but there has been some effort on th<= p^rt of the criminal justice
system to control it.
? On September 30, an investigation was initiated into a case of police mistreatment
of a seventeen year old boy, Osvaldo David Gutierrez. The boy's parents
have charged that the police obtained his confession under torture.The police station
under.investigation requested that the court proceedings be recorded for their use.
?On October 6,Julio Cesar Alvarez was released from prison after serving four years
for homicide. The Court of Appeals of La Plata declared that there was ineufficienC
evidence as the prisoner's confession was obtained under torture.
? In the last week of October, an inve.fitigation was widened into the alleged
torture of five youths between the ages of fourteen and seventeen by five members of t
police in Mar de Plata. In the process of looking into charges- brought
against these policemen, several other individuals came forward to testify that
they too had been tortured with electric shock by the san.e persons. It was the
decision of the judge, Pedro Ho oft,to not orly process those responsible,but to
continue investigatinr these other caser..
FREEDOM OF EXPRESSION
In contrast to the months immediately following the Malvinas crisis,,recent weeks
have been marked by an increased censorship and intimidation of members of the
press. The government initiative commenced on September 24, with the issuance
of censorship guidelines for all state-owned radio and television station. At
present it seems to be in full swing with the recent closure of three magazines.
On September 24, a statement was issued to all state-owned information media
which includes most of the radio and all of the television stations , < :
that prohibited mention of a series of subjects on the air. Originally,
the notices were received by station directors in unmarked envelopes, sometimes
followedby an anonymous telephone call reminding the director that he was personally
responsible for implementing the censorship . Several days later, the Federal
Broadcasting Committee (COMFER), admitted having issued the notices, which read
as follows:
"By the expressed disposition of the Executive Power, it is prohibited
to mention subjects having to do with subversion, cases of disappeared
persons, groups of delinquent subversives and their activities.
Mothers of the Plaza de Mayo, and everything having to do with subversion...
Neither may subjects relating to the development of judicial processes
concerning the same theme be mentioned, nor may newspaper comnEtitaries
on the same theme be mentioned. The director of each information media ﾃつｦ
is responsible for fulfilling his responsibilities, which may not be delegated
to a second or third person."
-li-
lt was also reported in the newspapers that it had been verbally communicated to
the directors that the subject of the Italian organization,Propaganda Two,
was barred from mention, although COMFER later denied this.
On October 23, the military junta issued another decree in which it warned that
it would take all measures necessary and within its powers to prevent the
continuation of "the destabilization campaign" among certain members of the
communication media. On October 29, apparently the first of those measures was
taken, when police shut down the magazine La Semana of Editorial Perfil.
At the time of the original communique^it was reported that Commander in Chief of
the Army, Cristino Nicolaidee, was annoyed by recent issues of the magazines
Humor and Linea, as well as the newspaper La Voz.
In a statement signed by President Bignone, the powers granted to the Executive
Branch under Article 23 of the Constitution were evoked as grounds for closing
La Semana, which, according to the statement was endangering "the possibility
of a national consensus" and was oriented towards "sabotaging the confidence (of the publ
in the essential institutions of the Republic."
On the same day as the shut down, television journalist, Gerardo Sofoyich,
opened a suit against the magazine for having portrayed him on the front page of
its most recent issue sticking out his tongue and wearing a military cap. He
accused La Semana, of besmirching the image of the Argentine military uniform.
The head of the Argentine newspaper owners association {-AE-KPA), Luis Etchevehere,"
condemned the closure of the magazine and declared that it was the justice
system's responsibility to determine the legality of the publication, not that of
the political authorities who "do not give more than vague reasons based on
the State of Seige."
On November 2, two other magazines were shut down ? Quorum, and Linea ? in
two decrees, numbers 1011, and 1111. Quorum is a weekly magazine recently
founded, and its first seven issues were devoted exclusively to the activites
of the Propaganda-Two in Argentine. Linea is a Peronist magazine, pertaining
to the "fVationalista" sector of the movement, which comes out monthly.
As of the 3rd of November, the responce on the part of civilian sectors to
the shut-down of these magazines has been very little.
Intimidation
The intimidatory stance taken by the government is not limited to official
statements signed by the President. There is another, perhaps more worrisome>_.?-
trend afoot and that is intimidation and violence bv unkown individuals ^ag^itijt
some members of the press. Certain publications tend to be subjected to these___
attacks more often, although members of a wide range of information media,!
including television journalists, have been threatened in the course of the '
last two months.
? On August 25, Magdelena Ruiz Guinazu, perhaps the most well-known and most
outspoken radio journalist,was subject to a series of threats which persisted
for several days. She was telephoned and threatened at night, and followed
constantly by four men in a car. In one instance^the men questioned her-
superintendent about her activities, identifying themselves as members of the
security forces.
- 12 -
? During the month of September, five other journalists reported receiving
telephone threats. They were Carlos Mallard of'Radio Mitre'; Julio Petrarca
of Editorial Perfil, Jose Palozzi of Quorum, and two reporters of the new
newspaper, La.JVoz, who said they were warned theywould be killed if they did
not stop investigating the Propaganda Two.
? On October 7, television journalist, Raul Urtizberea, reported having received
threats over the course of the four previous days.
? On October 8 and on October 3, the entrance doors of the San Isidro newspaper,
Prensa Chica were smashed in. According to the owner, Cesar Espigares Moreno,
the paper had recently been critical of the military government. He also pointed out
that the offices of the paper are only one block away from the San Isidro City Hall
where there is constant police vigilance.
? On October 10, Jose Pallozzi, owner of Qtttorum, a magazine devoted almost
exclusively to investigating the Prop.aganda-Two in Argentina, was again threatened.
He was told that Marcelo Duponts deatn was a warning and that he should get out
of the country within fourty eight hours.
? On October 17, Pedro Edgardo Siberkaster.n, correspondent for El Nacional
of Venezuela was threatened and forced to leave the country. An Argentine
national, the journalist had returned for two weeks and was considering
moving back when he received a call warning him "dont even think of bringing
your family back. If you dont get out of the country, the same thing will happen
to you that happened to Dupont."
? On October 17, it was reported that Carlos Ibanez of Editorial Abril
was threatened by anonymous callers, and sent a card with the Propaganda-Two
stamp. However, it was also reported that he was not in the country, and was only told
of the threats.
? On October 18, La Voz reported that one of their workers had been threatened by
three men in an un-licensed Ford Falcon who were armed and told him he'd be
killed if be> didnt stop working for "that Peronist newspaper."*
? On 0ctobSr_21, La Voz again reported one of its writers, Jorge Manzur,
was threatened. He was told he "would be finished off if he co"htinued to insist
on pursuing the question of the disappeared."
? On October 27, the director of the monthly, Busqueda, Horacio Salduna,
was arrested on orders from Commander of the Navy,Admiral Ruben Franco.
A low level offiaal of the Navy until the overthrow of the constitutional
government of Frondizi in 1963, Salduna published two articles that reportedly
angered Franco ? one on the Navy uprising in the south of the country in September,
and the other on the history of military coups in Argentina. He was sentenced to
ten days arrest.
The concerns of the Argentine prccc association , ADEPA, at this tLc cefcu. ^o
be the following, as expressed by the president of the association on October 7.
l)The continuing problem of the National Security Law,
2)Discriminiation of the state-owned news print company, which sells print to
La Razon, Clarin, and La Nacion (he asserts "a newspaper to be independent
can not be in business with the state),
3) Discrimination of the new broadcasting law which calls for a "competition" in
the privatization of the state-owned media, but bars newspaper and magazine owners
from participating in that competition.
HARASSMENT OF HUMAN RIGHTS GROUPS
During the month of September, human rights activists, in particular, members
of the Mothers of the Plaza de Mayo and CELS, were subjects of a series of
intimidatory actions, including wall poster smear campaigns and threatening
telephone calls.
The wall poster smear campaign began on August 24 with the vice-president
of the Mothers of the Plaza de Mayo, Maria A. Gard de Antokoletz. According to the
superintendent of her building, fifteen to twenty men dressed in civilian
clothes forced their way into the apartment building and posted signs throughout
the hallways accusing Antokoletz of being a "mother of terrorists," being
"anti-Argentina ... desiring the failure of a peaceful national policy, and
delighting in the suffering of Argentine families." The men told the superintendent
they were from the Federal Police.
On the following night, four other members
of the Directive Commission of the Mothers
received the same treatment. All of them
discovered signs posted inside their buildings
and on the street outside identical to the
one reprinted here,but with the names and
addresses changed.
Also on August 25, a fifth Mother received
a telephone call warning her that if she
did not stop her political activities she
would have her apartment blown up. Several
members of CELS were also called and threatened
CELS lawyers filed a complaint on the days
following both incidents, and demanded
the judge order the appropriate protection.
A telegram was also sent to the Minister
of the Interior, who had refused to receive
the group.
On September 3, dnotbr.r merger of I'^e
Mothers of the Plaza de Mayo had the front
of her apartment building painted in
flourescent red with the words "This is the
home of terrorists." On the same night.,
Padre Antonio Puigjane, of Nueva Pompeya,
who often accompanies the Mothers of thP. Flaza de Mayo on their Thursdav prote^T
found the front of his church plastered with signs accusing him of being ""a fa"ke"
and "fomenting hatred"in his collaboration with the Mothers.
On September 20, three members of CELS, Emilio Mignone, Augusta' Conte MacDonell
and Alicia Oliveira had large signs painted on the outsides of their buildings.
Each one had their names and address painted at the top, and below appeared
stamped in large letters "Advice on Terrorist Problems."
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-14 -
Prohibition of Meetings
In addition to this semi-clandestine intimidation, the government has prohibited a
6eries of events planned by human rights groups.
? On October A, a public meeting organized by the Relatives of Disappeared
and Detained Persons called "Poems and Songs for the Reencounter" was prohibited.
Hundreds of people arrived at the auditorium where the event was to be held,
but police had closed the building and prevented the public from gathering.
? On October 5, a "March for Life", organized by the eight human rights groups
and endorsed by over a hundred political, church and labor leaders,
as well as prominent individuals, was prohibited by the government. A statement
was issued on the previous day, accusing the organizers of opening the wounds
caused by the terrorist war."it said that it "is the responsibilty cf the government t(
avoid situations in which the body of the society will be harmedf"and characterized
such marches as "another exteriorization of the regretable events which took
place during the terrorist war." The announcement, which listed the names
of all the sponsors texcept the Mothers of the Plaza de Mayo, who were called the
"Mothers of Deliquent Terrorists*) was broadcasted by radio and television,
Despite the government ban, some 10,000 persons inarched through the streets demanding
that "the disappeared reappear with life." Although police prevented marchers from
entering the Plaza de Mayo, there were ..no incidents of violence and the protest was
tionsidered a success.
?On October 6, a public round-table discussion, organized byﾃつｦCELS, was prohibited?"
The meeting, entitled "The Auto-Amnesty" was to take place in a hotel, but police
prevented the group from entering. Participants marched through the streets to the
offices of CELS where the meeting was held.despite the government prohibition.
? On October 15, a round-table discussion on "Freedom of Expression" organized
by the Permanent Assembly for Human Rights was prohibited. Also scheduled to take
place in a hotel, participants conducted the meeting despite the ban in the
offices of the Assembly.
NEGOTIATIONS AND MILITARY CONTROL OF "INSTITUTIONALIZATION" -
Discussion of the future role of the military in the management of the
country has become a key point of tension in the current political struggle.
According to the military vicar, Monsenor Jose Miguel Medina, "The Armed
Forces should participate in the management of the country. It is not possible
to put them aside." Retired General Antonio Domingo Bussi asserts "The
Armed Forces are a permanent reality... In addition, given the circumstances
even more than a reality, they are the principal protagonists. They should not only
be present,they should be the principal convoker.
Through a series of proposals,.the military government has made clear that
its conception of "institutionalization" as the "final stage of the Process of
National Reorganization" means, first and foremost, control of the process
of redemocratization and control of the future. These proposals include a
"concertacion" or a deal with the political parties, an amnesty for the military
for crimes committed during the "war against subversion", and more tentatively,
control of faculty hiring at the national universities, maintenance of the
current federal judges, and transfer of state-owned media to a "selective' private.sect
Each of these issues has encountered strong resistance among civilian sectors.
However, the trump card - elections and the return to democracy - is in the hands
of the military. The President continues to maintain the State of Sie^, an
election date has yet to be set, coup rumors abound and official spokesmen
allude to a conditioning of the return to democracy on promises that there
will be no investigations into activities of the government of "National Reorgan-
ization". The delicacy of the situation places considerable pressure on
the political parties, and the common respon.se, as expressed by one newspaper
editorial, is that "half a loaf of bread is better than none."
"Concertac iun"
On October 21, President Reynaldo Bignone set forth five points which the
government considers essential sujects of negotiations with the political parties.
They were 1) the Malvinas crisis, 2) the war against subversion, 3) the economic
question, 4) the foreign debt, and 5) the Beagle Channel.
Virtually all of the major parties have rejected the concept of a "concertacion",
or a negotiated agreement, as it was presented by the government. Their fear is,
of course, not only that popular opinion would not permit it, but that their
future flexibility would be restricted.
At this point, the idea of a "concertacion" is still in its initial stage. The
government remains vague on the actual terms of the agreement thev are seeking,
,-jnd the political parties have yet to reorganize and accoruodditr thfir i.ccii^l
r:i visions . In addition, as a block, the Mu It ipart idaria" has been, th'u^ f4-.r,
relatively ineffective in its attempt to coordinate the dialogue between
the political parties and the military.
Nevertheless, both as a subject in and of itself, and as an umbrella term for
all of the issues considered essential negotiating material by the military,
the "concertacion", in one form or another, looms large on the horizen.
Auto-Amnes ty
One of the issues which has not been explicitly mentioned in the context of the
"concertacion", but will surely form a part,is that of an amnesty for the military.
In the first weeks of September, the<'press received word that an amnesty law
was under consideration by the military that would presumably benefit both
sides ? that is,both political prisoners and those responsible for what the
military calls "excesses in the war against subversion."
The discussed law, however, upon closer examination would seem to only benefit
a handful of prisoners and would prevent investigation and punishment of those
responsible for the torture, murder and illegal detention of thousands of
citizens. It proposed releasing those PEN prisoners who were' under 21 when arrested,
and those who were sentenced by military tibunaIs or courts to under five years
imprisonment. Prisoners in Rawson who recently voted they would opposfi the
amnesty, estimated that only nine or ten prisoners would be benefited.
In a round-table discussion of the - amnesty law held at CELS, Bishop Jaime de
Nevares of Neuquen commented on the August 15 document of the Argentine Episcopal
Conference which referred to a "pardon" for those responsible for crimes in the
war against subversion. He said:
"Those who can pardon are the offended, that is, each person and family who
have suffered most intimately the violation of their rights. No one can
replace them, not even the Episcopal... It can not be that those who have
committed crimes against humanity are amnestied, and worse, self-amnestied.
It can not be, because the Republic will not be reborn morally healthy and
institutionally strong if there is not a sanction. To forget would mean adding one
more crime."
-16 -
"Concursos"
In an attempt to legitimize the current faculty of the national universities,
the military authorities have initiated "concursos", or a competition for
faculty positions at a variety of levels. Since the military coup in 1976,
when hundreds of professors were fired from the university, there has been
no formal recognition of faculty positions: except for in 1977, when a list of names was
issued of faculty with tenure, hiring has been done on a year to year basis
with no guarentees of job security.
The commencement of thtse "concursos" has sparked considerable protest, as appointments
wouLd last seven years and effectively exclude most of those who do not support the
current government. The university law, decreed early this year, actually
states that preference will be given to those teachers already within the
universities, and that those in opposition to the government will be excluded.
A group of fifty two prominent intellectuals, all of whom have been exluded from the
national university in Buenos Aires, issued a lengthy statement in which they
condemn the holding of "concursos" at this point in time: They say that this is
an "attempt to create a facade of normalcy over a base of arbitrariness, of persecution.
and of corruption." The statement also denounces the fact that the competition
is occurring under a state of siege, when teachers have been barred from the
university, when they have disappeared, been imprisoned and been forced into
exile, when whole departments have been shut down or severely diminished
and when the right to form professional associations is denied.
Immobility of Judges and Privatization of Media
There are two other areas in which the military is seeking to maintain a certain
amount of control following a return to civilian rule. The first concerns the
justice sytem, where there is an effort to insure the inmobility of the current
Federal Judges. The second involves the state-owned information media, and the
rapid privatization of these businesses before a new government assumes power.
For the Federal Judges and the Justice Minister, the subject of the independence
of the Judicial Branch has become one of great worry in the last months. Many
of the political leaders have declared that, just as the Federal Judges were
replaced following the military coup in- 1976, so too would all of the current
Federal Judges, who have become so closely identified with the "process", have
to be replaced. Investigations of disppearances, of corruption, and perhaps
even the Malvinas war, would never occur under the current judges, according
to many people, and so their removal is demanded.
Justice Minister Jaime Lucas Lennon, however, has several times in the last
weeks asserted that "'Institutionalization* does not in any way signify a
break in the Judicial Branch ." And in a series of instance* the President has
also indicated that he has great faith in the justice system, which he says
will thoroughly investigate such cases as the disappearances of Dupont, Holmberg
and Sola. As such, tfie issue will surely comprise part of the civilian/military
negotiations on terms of the return to civilan rule.
In the case of the privatization of the state-owned radio and television stations,
the military government has declared that, based on the "Ley de Radiodifusion"
of 1980, there will be a competition for ownership of these businesses.
The decision to sell the information media now, clearly reflects the
military's desire to avoid providing the next civilian government with such
a propaganda deviseﾃつｻThe fact that there will be a competition, in addition-
implies that those selecting have a certain set of criteria for whom they
would like to see as the next owners. One group that has already been exluded
by law, and has protested furiously, includes all those persons and organizations
either legally or economically connected to the printed information media.
"HEMOR1A Y JUICIO"
A series of six booklets recently published by CELS and the Neuquen. Commission
of Relatives of Disappeared and Detained Persons, on various aspects of the
repression in Argentina since the military coup of 1976 is being distributed
around i-he country. During the first week of October copies were sent to over
500 individuals and groups within the country, including all of the Federal Judges,
professional associations, church, labor and political leaders.lt is expected that
the series will be sold in newstands and bookstores beginning in November.
The set includes five booklets published by CELS, entitled "Adolescentes detenidos-
desaparecidos," "Nifios desaparecidos."Conscriptos detenidos-desaparecidos,"
"El secuestro^como metodo de detencion," and "Muertos por la represion." The
sixth booklet,"published by the Relatives in Neuquen,is called "La familia victima
dc la represion." All are approximately twenty pages long, and together comprise
the first source of information on the repression of the last six years to
be disseminated within the country.
Copies of these booklets, which as a series are entitled "Memoria y Juicio",
may be obtained through CELS at a cost of five U.S. dollars to cover mailing
expenses.
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