THE POSITION OF LAWYERS |
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Reconocimiento Optico de Caracteres (OCR) | |||
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Part. I
K tn h w Q (2 oSb-fi ^ ; テつヲ テつサ I / J^llrcy A//VT (3 r/jvt ^H1- ^; ,;g テつヲテつォ3-J. isl^^ics r* Src '/ fakcksfcfh'Jtod .^テつア^- ~* rXh^L *lv THE POSITION OF LAWYERS ^kr kri*^ / ' w > . ? - j 2.- Those lawyers who act as defence counsel for political detainees have been victims of extensive violence, ran^in,^; from threats of murder to actual physical elimination. ' Several have had their offices damaged by explosions and broken into by police authorities. Some are detained en order of the Executive without any regular trial or the laying cf formal charges. Others have had to leave-the country or. go into hiding, thus necessarily abandoning their professional activities. thirty-two 3. .The following-lawyers are being detained at the pleasure of the Execu- tive:-' Armando Rodolfo Fertita (1); .Rail Cegue; Eduardo Romanin; Lucila F. Intelisano;. .Horacio D. Zanboni; Jorge J. -Ballardinij Susana Aguad and Susana 3uconic (2); Ricardo Amor (3); Oscar Pedrota; Roberto Serges'; Pablo Lajarraga; Carlos Masolo; Vicente V. Ayala (4)^_ Rene Gabioux; Farat Sire Salim (5); Hector Andreotti; Cesar Calcagno; Julio C. Marcolli and Jorge !1. Marca (6); Roberto Diaz; Abraham Kczak (7); Alfredo Ramon Gueva- ra, and Fuad Taun (8); Carlos Mariano Zamorana (9): Hector Arche.tti (10); Juan' 3onacossi (11); Nestor Bueno (12); Julio Everto Suarez (13); . Eduardo Garat (14); Daniel Vei^a ^iJ-5); Andrfs Fidalgo and Amalio Juan Rey-. v .'テつヲ -.Many. consider this list incomplete. On it, however, figures_ the great .majority of defence advocates of political prisoners who -were practising at 'the time of their arrest. (16) On December IS, 1974. a representative committee of the Movement for the Protection of the Legal Profession submitted a memorandum to the Supreme Court of Justice in which it petitioned the Court to request "the Executive テつヲ to explain the grounds on v/hich a number.of lawyers had been taken into custody'5-. In this memorandum were mentioned the names of several lawyers referred to above and it 'was stated that "they were not charged with any soecific criminal acts;r. (17) Some 250 militant lawyers of the court in Cordoba recently had pub- lished an open letter to the President of the country and to the Minister of the Interior, calling for the release of Susana Aguad, Susana Buccnic, Abraham Kozak and Amalio Rey, all cf whom had besn kept arbitrarily under arrest for more than three months. (18) twenty-six 4. The following-lawyers have, amongst others, been threatened with murder by the terrorist organisation AAA ("Argentine Anti-Communist Alliance"): Mario Hernandez, Csyaldo Acosta, Eduardo Duhalde, Vicento .Zito Lema, Ana Maria Sanchez, Ines Gassibe, Helena Moreno, Eduardo A. Sanjurjo, Manuel Gag- f^ero, Rpdolfo Mattarollo, Enrique Schargorocsky, Gustavo Rcca, Lucia Garzon Maceda, Carlos Altamira, Rafael Lombardi, Alfredo Becerra, Carlos Bongiorno, Mario Mathov, Rafael Cecilio Hasovich, Mario J-ancaburu, Antonio Chua, Mario Yacub, Amilcar and Manuela Santucho, J or ft Sivak snd Horacio Ramiro Vivas. S-3173 (a) ^y'Htf Several of these lawyers had distinguished theoselves in their defence of political detainees, activities which they have now had to abandon. Some are in hiding after having had to go so .far as -to change their physical ap- pearance. Some of these attorneys were contacted by me. 5. Several lawyers had their offices broken into. This is the case of Alicia Pierini, Pedro.Galin and Alejandro Teitelbaum. Earlier the offices ? of Mava Menvielle, Marta Dacunda, Eugenio Laera, Silvio Frcndizi and Antonio Sosa - all defence counsel for political detainees - were also forcibly entered. (19) On May 10, 1974, the'law offices of Miguel Zavala Rodriguez, Member of Congress, in Mar delPlata were broken into by agents of the Provincial and Federal Police. (20) Shortly after the funeral of Rodolfo Ortega Pena, the homes of several attorneys were forcibly entered by Federal police. Amongst these were Carlos Gonzalez Gartland and Mario Hernandez. (21) s 6. tlore serious attacks have also taken place. The Guild of Attorneys of the Federal Capital had its head office completely destroyed by plastic ex- plosives which caused injuries to four passers-by. This occurred on July 17, 1974. The Guild had called a meeting of defence- counsel of political pri- soners and workers. One of its officers stated that several threats had been made by a commando named Juan Manuel de Rosas.(22) The Bar Association of Eahia Blanca's headquarters was the -victim of an attack with explosives and shooting shortly after the Association had decided that its members would thereafter be designated as defence counsel for poli- tical detainees by the drawing of lots, since it was impossible for those lawyers chosen by the accused to assume .such a responsibility. Those whose. テつヲnames were drawn had their homes bombed and wore subsequently arrested. The" Bar Association in Tucuman was also the target of an attack after having pub- lished .a document protesting against assaults which had been made on lawyers. Its headquarters were complete1}^ destroyed after having been twice dynamited. テつヲ * " (23) The,offices and homes of many lawyers have been attacked by bombs and rifle fire. This has happened to Attorneys Car"i^ a - ^9-17^1 ez Gartland and テつヲSaul Lipovetzsky (in October 1974) as well as to Attorneys Vicente Sito Leir.a and Miguel A. Radrizzani Gorii. In a document issued in the name of the de- fence counsel for guerrilla fighters arrested in Catamarca, Dr. Silvio Fron- dizi and Dr. Manuel Gaggero denounced "interference and all types of intimi- dation to which counsel undertaking to defend those arrested were subjected. In the case of. Dr. Marcolli, the Provincial Governor of Catamarca required him to resign from public office and he w^s threatened if he did not comply. His home was, moreover, forcibly broken into by the Federal Security Agency's agents. The home of Dr. Martinelli, barrister in Tucuman, was destroyed by explosives and Drs. Curutchet and Perez were taken into custody when the hotel in which they were staying the night was broken into." . The same Dr. Silvio Frondizi (who was later murdered) had "his office destroyed by a bomb on August 30, 1974. (24) The home of Attorney Amado Nelson Machado of Rosario who was'making grave accusations against the police of the district cf Villa Mugueta at the tine, was attacked by a hail of machine-gun fire. (25) 7. After being repeatedly threatened, Attorneys Pedro Galin (26), Mario 1 Diehl, Rafael J. Perez, Alejandro Teitelbaum, E. Mcgueras, Oscar Rabinovich, j 1 j S-3I7S (a) ; I-Jirta Sofia and Carlos A. Gonzalez Gartland, have left the country. 8.. The culminating point of this violence directed against "lawyers was reached with, the dramatic death of several of them. Before 1973"the only case on record was that of Nestor" Martins, cap- tured as he was leaving his office 'on December 16, 1970, accompanied by hi; client, .'Jildp Zenteno. ilartins had denounced several policemen for torture and was engaged at the time in proving the truth of his allegations in court. Nothing r.ore has ever been heard either of the lawyer or of his client. There is no doubt that they are dead. (27) the death of Nestor Martins belongs, however, to the past. The cur- "rent political history of Argentina begins with the taking of office by President Campora on Hay 25, 1373, in the midst of delirious demonstrations on the part of the people. From that date on, there a-re the following cases on record: U) the murder of Antonio Deleroni, defence counsel for political detain- ees "and ,:Peronista*' militant, and of his conpafllon, Helida Florentina Arana, took place on No vender 27 > 1973, in the city of San.-I-Iifruel. .Deleroni had been outstanding in his defence ofテつヲ political prisoners under the military regime and had recently denounced police torture carried out in the ooiice station of San Miguel. (25) 'テつヲ'テつヲ.* According to TTle reports in various periodicals, the crime took place in San Miguel-railway station, shortly after 4-.00'-p."m'. As the couple was preparing to enter the.train, they were intercepted by a youth who got out of a car in which were five -other :persons. Deler- oni's companion, upon"realising their criminal purpose, placed herself in front of him and was shot several tines. repeatedly, short and died instantly. Then Deleroni- himself was Two policemen who were in a train went off in pursuit of the.cri- minal and .managed to apprehend and disarm him. He was discovered to be Ricardo Julio Villanueva, 27 years of a^e, who declared that he was a. member of the (Peronist) Partido Justiciaiista, and テつォ;ave his address as the Superior School of Political Leadership in'-"She capital. The latter organisation is connected with the nowsrful metal workers' union (UOM) and occupies an important position in the "Peronista" Superior Council. In a previous action brought against Villanueva for the possession of weapons of war, he requested the return of his per- sonal belongings on a piece of paper with the letter-head- of the Per- onist Youth of the Republic of Argentina, and' stated that-he was an official of the Ministry of Social \'elf a re. (29) (b) On July 31, 1974, at a place in the centre of the city of Buenos Aires at about 10.30 p.m., a ."ember of Congress, Rcdolfo Ortega Pena, was shot.as he was getting out of a taxi with his wife. He had distin- guished himself as an exceptionally energetic defence counsel for poli- tical detainees. The crime occurred as the '"ember of Congress was set- ting out of a taxi with his wife. Three men armed with-machine guns shot him in several places in the head and body. liis wife was wounded also, although not seriously. The murderers got away and there has been no news on the results of the investigation. (30) His funeral was a gigantic popular demonstration, severely repressed by ar~ed federal police in.armoured cars and on motorcycles. They.staged.raids, even inside the cemetery, and made 380 arrests- (31) The following day the Ministry of the Interior issued, a communique stating' that '"'in view テつヲ of the continual disorders"which took place during the precession (of mourners), 380 persons had been arrested, of whom 303 were tried for contempt, illegal possession of arms and mischievous damage. The rest ? ~ - テつヲ were released s ince "they were" minors'"." ("32).' ~~ ;.....: テつヲ'.'""""..... The demonstrators carried placards on which was inscribed the old "Peronista'"' motto "La Sangre derramada no sera negociada" (:'7here shall be no bargaining-with blood that has been shedr:). テつヲ At the commemorative session of the Chamber of Representatives, Rep. Merchensky. (FRZJULI) _/a political party, the- Frer.te Justicialista de Liberacion - Trans^/ stated:' :,The protection and. the safety of Ar- . . . gentinians are imperilled as they have never bean before in our hist- "? ory." (33) " テつヲ..-テつヲ' (c) On September.11, 1974, while returning from the distant town of - Rio Gallegos where he had been.visiting political prisoners,- Alfredo Curutchet, a 34-year old lawyer from.Cordoba, was kidnapped and murder- ed. Previously his home had been the target of bombings and~machine- gun fire.; The funeral took place in Cordoba. The criminals used a green Ford Falcon. テつヲ (34)- Para-police groups were, directly responsible for the crime. (35) The investigations have led to no results. .... I .-(d) On September 27, 1974, Dr. Silvitr Frondizi was kidnapped frcm his son- * ; in-law's heme in a spectacular commando-type operation. He was later j . .^ . found dead in the Ezeiza Recreation Centre. Silvio Frondizi was the * \ brother of a former President of- Argentina and an active defender of - . .political orisoners. \ .... ..... ; m 'テつヲ-:-.'. ' The kidnapping took olace in the early afternnon in a busv 3uenos i Aires street and involved a number of nersons.- Traffic was stopped in I -the neighbourhood for fifteen, minutes and no-one in authority intervened. I The.lawyer's son-in-law, Mr.-Luis liendiburu, was-killed by machine-gun > fire .when he tried to protect his father-in-law. Frondizifs wife and a ? neighbour were wounded. The AAA claimed responsibility for the acts. I Although the murderers made their getaway in a Ford Falcon with a flat テつヲ tyre, the investigations undertaken have yielded no results un-to now. :, テつヲ...-テつヲ. <36> \ (e) Two young women lawyers from Santa Fe, Marta Zamaso and liilda Urquia, : テつヲ 32 and 22 years of a^e respectively, were found choked to death in a |' . small creek near the town. They had been arrested by the police and テつヲ I released because,no charges were laid. Five days later a group of per- sons kidnapped them and threw them into the water with their hands and ; テつヲfeet bound. They were also defence counsel for political prisoners. : S. - As a result of these events, the lawyers who were working on political i trials and vrho were still at large, began to refuse systematically this sort :. of case, alleging that they were given no protection. Political prisoners - began, to be defended by public defenders who only provided a totally inef- : fective pro forma defence. ; - テつヲ i Also several lawyers ccrrol^inod, that whon political orisoners instructed i le^fO. rounoci of their own choosing, their conditions of detention became more rigorous. I o -1 3173 (a) | |||