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Reconocimiento Optico de Caracteres (OCR)
^l ^umD *
INTERNATiONAL COMMISSION OF JURISTS.
COMMISSION INTERNATIONALE DE JURISTES - COMISION JNTERNACtONAL DE JURISTAS
INTERNATIONALE JURISTEN-KOMMISSION
109, ROUTE OE CHENE, 122-1 CHENE-BOUGEKIES (GENEVA, SWITZERLAND . TEL. 35.19.73
CABLE ADDRESS: INTERJURISTS, GENEVA
REPORT
by
Dr. Heleno Claudio Fragoso, Brazil,
o n
THE SITUATION OF DEFENCE LAWYERS IN ARGENTINA, March 1975
***
ft * *
V
ARGENTINA PROJECT (S20O00O044)
U.S. DEPT. OF STATE, A/RPS/TPS
Margaret P. Grafeld, Director
(^Release ( ) Excise ( )Deny
ExemptionCs):
Declassify: ( ) In Part ( ) In Full
( ) Classify as _( ) Extend as_ ( ) Downgrade to.
Date_________Declassify on_____tf _^ Reason?
80F178
21/185
INTERNATIONAL COMMISSION OF JURISTS
COMMSSSiON INTERNATIONALE DE J'JRiSTES ? COMISION INTERNAOONAL DE JURiSTAS
INTERNATIONALE JUR1STEN-KOMMISSJON
109, ROUTE DE CHENE, !224 CHENE-BOUGERICS / GENEVA, SWITZERLAND - TEL 35.S9.73
CABLE ADOKciS; i N'T ﾃつ｣ R JURi STS, GENEVA
REPORT
b y
Dr. Heleno Claudio Fragoso, Brazil,
o n
THE SITUATION OF DEFENCE LAOTERS IN ARGENTINA, March 1975
* si i A ft * A ft *
INTRODUCTION:
1. In carrying out the mission with which I was entrusted, I went to
Buenos Aires on March 3 last and stayed in that city until March 20.
During that period of time I undertook my work on an intensive basis
and was in contact with many lawyers of the most diverse political per-
suasions, amongst whors figured some of the most respected persons in
our profession. I had interviews with the leaders and members of the
representative institutions of the profession, the Buenos Aires Bar,
the Buenos Aires Lawyers' Association, and the Federation of Bar Soci-
eties. I was also in contact with journalists, university professors
and magistrates of differing degrees.
During my time in Buenos Aires I benefited from the full-time as-
sistance of two diplomats who, in the nane of the Argentine government,
placed themselves at my disposal, thus facilitating by their great ef-
ficiency and courtesy all of the official contacts which I wished to
establish. Thus I was able to meet with Minister of State and leaders
of the National Congress who represented the various parties.
On the other hand, I undertook extensive research into the laws
and executive decrees, judicial decisions and periodical collections.
By this means I gained wide-ranging documentation on facts and events.
The following report is the result of this work. In it I shall
examine firstly the position in which lawyers who engage in the defence
of political detainees in present day Argentina find themselves. This
position is one of the aspects of the process of political violence
which the country is undergoing and concerning which, in the second part
of the study, I shall present certain data.
ft ft ft
S-3178 (a)
Part I
THE POSITION OF LASERS
2. Those lawyers who act as defence counsel for political detainees have
been victiins of extensive violence, ranging from threats of murder, to actual
physical elimination. Several have had their offices damaged by explosions
and broken into by police authorities. Sone are detained on order of the
Executive without any repuiar trial or the laying of 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); Raul Cegue; Eduardo Roraanin; Lucila
F. Intelisano; Horacio D. Zanboni; Jorge J. Ballardini; Susans Aguad and
Susana fluconic (2); Ricardo Amor (3); Oscar Pedrota; Roberto Bsrges;
Pablo Lajarraga; Carlos Hasolo; Vicente V. Ayala (4); Rene Gabioux; Farat
Sire -Salim (5); Hector Andreotti; Cesar Calcagno; Julio C. Harcolli and
Jorge H. i-iarca (6); Roberto Diaz; Abraham Kozak (7); Alfredo Ramon Gueva-
ra and Fuad Taun (8); Carlos Hariano Zamorano (9); Hector Archetti (10);
Juan 3onacossi (11); Kestor Bueno (12); Julio Everto Suarez (13); Eduardo
Garat (14); Daniel Vei^a (15); Andres Fidal^o and Amalio Juan Rey.. ,
flany 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 Deceirber 16, 1974, a representative committee of the Movement for
the Protection of the Ler;al Profession submitted a memorandum to the Supreme,
Court of Justice in which it petitioned the Court to request "the Executive
to explain the grounds on which a number of lawyers had been taken into
custody '. In this memorandum were mentioned the names of several "lawyers
referred to above and it was stated that "they were not charged with any
specific criminal acts'5. (17)
Some 250 militant lawyers of the court in C6rdoba 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 Buconic,
Abraham Kozak and Analio Rey, all of whom had been kept arbitrarily under
arrest for more than three months. (18)
twenty-six
4. The following-lawyers have, amongst others, been threatened ttfith murder
by the terrorist organisation AAA ("Argentine Anti-Communist Alliance"):
Mario Hernandez, Osvdldo Acosta, Eduardo Duhalde, Vicento Zito Lema, Ana
Maria Sanchez, Ines Cassibe, Helena Moreno, Eduardo A. Sanjurjo, Manuel Gag-
f*ero, Rodolfo Ilattarollo, Enrique Schargorodsky, ..Gustavo Roca, Lucia Garzon
Jjaceda, Carlos Altamira, Rafael Lombardi, Alfre'io Becerra,'Carlos Bongiorno,"
Mario Mathov, Rafael Cecilio Katovich, iJario J,andaburu, Antonio Ch&a, Jlario
Yacub, Amilcar and Manuela Santucho, Jorge F.ivak and Horacio Ramiro Vivas.
S-3178 (a)
- 2 -
Several of these lawyers had distinguished themselves in their defence
of political detainees, activities which they have'new 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 Golin and Alejandro Teitelbaum. Earlier the offices
of Mava Menvielle, I-iarta Decunda, Eugenic Laera, Silvio Frcndizi and Antonio
Sosa -all defence counsel for politics! detainees - were also forcibly
entered. (19)
On May.10, 1974, tha lew offices of niguel Zavala Rcdrigusz, 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 Gonzales Gartland end Mario HernAndez., (21)
6. More 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 sevaral 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
names were drawn had their homes bombed and were 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 completely destroyed after having been twice dynamited.
(23)
The offices and homes' of many lawyers have been attacked by bombs and
rifle fire. This has happened to Attorneys Carlos A. Gonzalez Gartland and
Saul Lipove'tzsky (in October 1974) as well as to Attorneys Vicente Zito Lema
and Miguel A. Radrizzani Coni. In a document isr.ucd in the name of the de-
fence counsel for guerrilla fighters arrested in Catamarca, Dv. Silvio Fron-
dizi and Dr. Manuel Caggero 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 was threatened if he did not comply.
Kis home was, moreover, forcibly broken into by ths Federal Security Agency's
agents. The home of Dr. ilartinelli, barrister in Tucuman, vas 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 T.;as later murdered) had his office
destroyed by a bomb on August 30, 1974. (24) The ho^e of Attorney Aroado
Uels6n Machado of Rosario who was making grave accusations against the police
of the district of Villa Mugueta at the time, was attacked by a" hail of
machine-gun fire. (25) " .
7. After being repeatedly threatensd; Attorneys Pedro Galin (26), tfario
Diehl, Rafael J. Perez, Alejandro Teitelbaum, E. Nogueras, Oscar. Habinovich,
S-3178 (a)"
- 3
Mirta Sofia and Carlos A. Gonzalez Gartiand, 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 1*373 the only case on record was that of lies tor Martins, cap-
tured as he was leaving his office on December 16, 1970, accompanied by his
client, Hildo Zenteno. liartins 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 llestor Martins belongs, however, to the past. The cur-
rent political history of Argentina begins with the taking of office by
President_ﾃつ｣amnnra on :1av 25, 1373, in the midst of delirious demonstrations
on the part of the people. From that date on, there are the following cases
on record:
/ (a) the murder of Antonio Deleroni, defence counsel for political detain-
ees and ''Peronista'' militant, and of his coinpanion, Nelida Florentine
Arana, took place on Novejnb^r_22*__1223., in the. city of San Miguel.
Deleroni had been outstanding in his defence of political prisoners
under the military regime and had recently denounced police torture
carried out in the police station of San Miguel. (2G)
According to the 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 pers.ons. Deler-
oni' s companion, upon realising their criminal purpose, placed herself
in front of him and was shot several times. Then Deleroni himself was
repeatedly short and died instantly.
Two policemen who were in a train went off in pursuit of the eri-.
ninal and managed to apprehend and disarm him, He was discovered to
be Ricardo Julio Villanueva, 27 years of a a merrier of the (peronist) Partido Justicialista, and gave his address
as the Superior School of Political Leadership in the capital. The
latter organisation is connected with the powerful metal workers'
union (UOIi) 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 Renublic of Argentina, and stated that he was an
official of the Ministry of Social Welfare. (29) .
(b) On July 31, 1974, at a place in. the centre of the city of Duenos Aires
at about 10.30 p.m., a Member of Congress, Rodolfo 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 Member of Congress was get--
ting out of a taxi with his wife. Three men armed with machine guns
shot him in several places in the head and body. His wife was wounded
also, although not seriously. The murderers got away and there has
I been no news on the results of the investigation. (30) His funeral
| was a gigantic popular demonstration, severely repressed by armed
S-3178 (a)
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
of the continual disorders which took place during the procession (of
mourners), 380 persons had been arrested, of whom 303 ware tried for
contempt, illegal possession of arms and mischievous damage. The rest
were released since they were minors.:: (32)
The demonstrators carried placards on which vias inscribed the old
"Peronista" motto :;La Sangre derramada no sera negociada" ("There shall
be no bargaining with blood that has been shed:;).
At the commemorative session of the Chamber of Representatives,
Rep. Merchensky (FREJULI) _/a political parry, the Frente Justicialista
de Liberacion - Trans^/ stated: "The protection and the safety of Ar-
gentinians are imperilled as- they have never been before in our hist-
ory." (33)
(c) On September 11. 197t, while returning from the distant town of Rio
Gallegos where he had been visiting political prisoners, Alfredo
Curutchet, a 3U-year old lawyer from Cirdoba, 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. (3*0 Para-police groups-'were directly responsible
for the crime. (35) The investigations have led to no results.
(d) On September"27. 197tt. .Dr. Silvio Frondizi was kidiiapped from his son-
ﾃつｦin-law's home in a spectacular commando-:type operation. He was later
found dead in the Ezeiza Recreation Centre. Silvio Frondizi was the
brother of a former President of Argentina and an active defender1 of
political prisoners.
The kidnapping took place in the early afternnon in a busy Buenos
Aires street and involved a number of nersons. Traffic was stopped in
the neighbourhood for fifteen minutes and no-one in authority intervened.
The lawyer's son-in-law, Mr. Luis liendiburu, was'killed by machine-gun
fire when he tried to .protect his father-in-law. Frondizi's wife and a
neighbour were wounded. The AAA claimed responsibility for the acts.
Although the murderers made their getaway in a Ford Falcon with a flat
tyre, the investigations undertaken have yielded no results up to now.
(36)
(e). "Two young women lawyers from Santa F5, Harta Zamaso and Hilda Urquia,
32 and 22 years of age respectively, were found choked to death in a
small creek near the town. They had be^n arrested by the police and
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
feet bound. They were also defence counsel for political prisoners.
9. As a result of these events, the lawyers.'who were-working on political
trials and who 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.
Also several'lawyers otmpXainod that when political prisoners instructed
'legrO ^ounocj of their own choosing, their conditions of detention became
more rigorous.
S-3178 (a)
10. Dr. Antonio Benitez, Minister of Justice, told me that he himself had
been imprisoned in the past for nearly two years without any trial whatso-
ever and without any international organisation concerning-itself with the
matter. The same thing happened with the Minister of the Interior, Dr. Al-
berto Rocamora.
He stated that the lawyers who defended political prisoners were also
militant activists in politics and it was because of their militancy that
some had been killed and others arrested. As regards the latter group, he
stated that the situation of each detainee wcs being examined and that on
the basis of the conclusions reached they would either be released or sent
for trial.
The Minister.stated also that the lawyers were getting fabulous sums
from the guerilla organisations. The police had found the books of the ERP
(The People's Revolutionary Army) showing that a payment of 600 million
(old) pesos had been paid to lawyers. (37)
Dr. Benitez declared also that judges were being intimidated by sub-
versive organisations and often resorted to claiming lack of jurisdiction
over the matter as a delaying tactic in order to avoid having to hand down ﾃつｦ
a decision. (38) The Minister stated that the Government has no knowledge
of activities of para-police groups and that it is ignorant of the identity
of those responsible ror tne attorneys' deaths.
It is a fact that many lawyers are political activists. Dr. Deleroni
belonged to th*> "Peronismo de Base" organisation. (39) Dr. Ortega Pena also
belonged to the "Peronismo de Ease" organisation and \ms a member of the
Government block. (40) In the note issued by Drs. Silvio Frondizi and
Hanuel Gaggero, entitled "Press Conference", in the name of the defence
counsel of the detainees in Cataraarca, it was stated that they, along with
Drs. Julio Marcolli, Jorge ilarca, Alfredo Curutchut, Felipe t'artin and
Rafael Perez, formed that national Central Coirmittee of the Lawyers of FAS,
the "Anti-imperialist Front for Socialism". _ ___
It did not appear, however, that any of these lawyers had engaged in
illegal political activities nor that they were connected with subversive
organisations. The homage paid to Dr. Ortega Pena in the Chamber of Repre-
sentatives and the (useless) guarantees of personal safety given to Dr.
Silvio Frondizi ten days before his death by the Minister of Justice, bear
witness to this.
11. The Buenos Aires Bar Association (College of Advocates) has never
spoken out in defence of lawyers or in favour of defending political pri-
soners. In Buenos Aires (contrary to the practice elsewhere in the country)
lawyers are not obliged to be registered members of the Bar Association. It
is said that the Buenos Aires Bar Association (College of Advocates) is
extremely conservative, opposing compulsory membership and formed of a small
number of practitioners.
The Buenos Aires Association of Advocates is numerically much more im-
portant than the Bar Association, It is in favour of compulsory membership
of the Bar Association and is a moderate body.
The Guild of Advocates, founded in 1971 and today practically non-
existent, was noted for its defence of political prisoners (guerrilla
S-3178 (a)
k-
fighters included), its denunciations of monopolies, and its struggle for
popular demands, as well as for its counselling of trade unions and workers.
It consisted of leftist lawyers-, both "Peronista" and otherwise. All of the
lawyers killed were members of the Guild.- It has twice been'hit'by terror-
ist attacksi Its leaders have disappeared, are under arrest or are in
exile.
ﾃつｦ Part II
The State of Siege
12. At present there is in force over the whole of the national territory
a state of siege decreed by the Executive on Hovenber 6, 197t, during, the
congressional recess.
. The Constitution, of the Republic of Argentina empowers the President
of the P.epublic (Article 83, clause 19) to declare a state of siege in cases
of "internal upheaval" if the Congress is in recess. Congress normally sits
from Hay 1 to September 30 (Article 55 of the Constitution).
The state of sie^e suspends all constitutional guarantees, confers on
the President of the Republic the power to order arrests and transfers of
persons from one place to another within the national territory,, unless they
prefer to leave the country (Article 23 of the Constitution). Under the
Argentinian system, a state of sisge effectively permits the arrest .and de-
tention of any person for an indefinite Deriod of time.
The state of sie^e was decreed after a series of serious attacks, which
were carried out by the rruerrilia groups, the most significant of which are
the "Hontoneros" and the ERP (People's Revolutionary. Army). .
The Subversive Organisations
13. The Hontoneros group, forced in hiding in 1969, is composed of. young
persons with middle class., catholic and nationalist backgrounds. From its
inception it has always been avowedly Peronist, signing its communications
with the motto "PerAn o liuerte'1 C'Feron or Death"). The movement took shape
on the national level with the kidnapping and death of General Pedro E.
Aramburu, former President of Argentina. (HI)
During,.the 1S70 - 1973 period, the organisation undertook innumerable
assaults and attacks (by. the placing of explosives), and receiving growing
support from the Peronist Youth Movement and from General Peron himself who,
on diverse occasions, referred to it as "that marvellous youth who struggles
against military dictatorship with weapons in their hands and who know how
to give their lives-.-for the. Fatherland". (42)
After having begun on this cstholic and populist ideological.foundation,
the Hontoneros gradually became more and more socialist. Its documents ooint
to an evolution towards Marxism, although it is faltering and ill-defined.
In its ideology and in its connection to the Peronist movement, .it is
S-317E (a)
fundamentally distinct from the People's Revolutionary Army
actions, organising the working class so that, after the spread of the armed
conflict, it can take power. In the present political situation its aim is
the overthrow of the present government which is does not recognise as
Peronist. It condemns the Peronist trade union and political leadership as
,:a turn-coat bureaucracy'1.
group
s-are violent (and in this it is not
alone). Its armed manoeuvres consist of: (a) kidnapping officials or own-
ers of lar^e undertakings in order to raise funds; (b) kidnapping officials
or owners of lar^e companies which are in conflict with its own officers, so
as to force the undertakings to yield to the demands of the workers;
(c)'executions by attacks on policemen accused of having tortured or killed
political activists. Similarly, it has eliminated various right-wing
Peronist militants, accusing them of the deaths of some of its own activists.
This came about in connection with the participants in the Ezeiza massacre.
' "ot3T
The hostilities between the government (or rather the official-line
Peronists) and the TJontoneros became more serious after Peron^s^death (on
July 1, 19m). The periodicals Descamisado, Causa Peronista and El Peron-
ista were closed down. The same happened to the newspaper Hotlcias which
was of the same tendency. On September 6, 1974, the Montoneros stated that
they were going underground to take up the armed struggle again "because all
possibilities of legal action have been exhausted". The movement has de-
clared war on the government. Since then it has been credited with a large,
number of acts of violence, such as the murder of trade'union leaders, the
execution of Inspector Villar, chief of the federal police, the kidnapping
and murder of the United States Consul in C6rdoba (44), the kidnapping of
the Born borthers {of the Dowerful Bunge and Born concern), etc.
14. The People's Revolutionary Army (ERP) also cane to the fore during the
military dictatorship as "the amed winp of the Workers' Revolutionary Party
(PRT) at its fifth congress in 1970-71. It had its baptism of fire in the__
operations carried out in Cordoba in June 1971. It is of Trotsjsyite persu-
asion and considers itself the only truly revolutionary movement. (45) It
distinguished itself in certain operations which had wide repercussions and
which it carried off with remarkable efficiency. Thus, for example: there
was the attack on the military garrison at Asul in February 1974. A mili-
tary installation (located some 230 riles from Iiuenos Aires) was occupied,
arms were taken and the second-in-conmand was kidnapped and afterwards kil-
led. About the middle of that year they attacked a military factory in
Villa Maria, a town near Cordoba, and took a r^reat quantity of arms. A fur-
ther spectacular operation in Catamarca was frustrated by chance circum-
stances.
Among the kidnappings of important businessmen, the ERP claims credit
for that of the General '.5anager of Exxon (Argentina), released outside the
country on payment of the fabulous sum of US$14,000,000. (46)
At the present time, the army is carrying out a wide-ranging military
operation in the mountainous region of Tucuman, where it is alleged that
the guerrilla fighters arc- installing their headquarters. (47)
15. There are other groups engaged in subversion. The kidnapping of the
Chief Justice of the Supreme Court of 3uenos Aires, Kut^o Anzoarregui, was
S-3178 (a)
carried out by the FAL, inspired by Che Guevara. It was claimed that through
this kidnapping information was obtained concerning a'rruerrilia fighter in
custody. The fighter in question was finally sent to Peru and the judf.e re-
leased. (ue)
The political violence of the subversives was invoked as justification
for the state of siere. In vie''.' of the impressive succession of murders and.
violent attacks which have taken place recently, the Minister of Labour,
Ricardo Ortero, stated in Posadas "Argentina is now experiencing a time of
war". (Jornal do Brasil, -'arch 26, 1075)
The Activities of the Para-Police Croups
16. This presents the most serious phenomenon in the crisis which Argentina
is underfoinT. That there are para-police groups operating is not open to
-the slightest doubt. (49) The most important and nost remarkable is that
which operates under the name "AAA" (Argentine Anti-Communist Alliance),
whose first oneration was the attempt on the life of the Radical Senator
Solari Irigoyen, in December 1373. (50) This organisation took responsibil-
ity for the majority of the kidnappings, attacks and crines. committed in
recent months in reply.to subversive terrorism.
There is no- proof of the."-ﾃつｰ b^inr; s connection between the AAA. and the
police or the government. Nevertheless, certain sij^nificant facts, can be
mentioned to show, at least, official complacency towards, it:
(a) The absolute immunity of the ri^ht-winr groups. Un to now, except in
the Deleroni case (which was not undertaken by the AAA, but by an inde-
pendent qroup whose executioner vias captured by a combination of fortu-
itous events J none of the innumerable crimes which have been carried
out by rio-ht-winp ^.rouDS has ever been solved.
(b) The elements who form these ^rouis declare themselves to be members of
the federal police and act freely and openly usin^ vehicles which are
not stolen and which very often correspond to the types and makes used
by the police. They are not disturbed by the- public authorities in any
way even if they are carry in1- out operations in full li^ht of, day and
with no particular rush, sn was the case in the kidnappings and deaths
of Atilio Ldpez and Silvio Frondisi, ^nd the raid on the offices, of the
newspaper, Vcz del Interior, amongst others.
(c) A defence of clandestine activities of the police made in an article
published in the official or^an of the Peronist Party, the review Las
Bases, which is managed by a "'"'ftoT' | 'v. T.qpp? Rega. In this article
_^?~ the point of view is ->ut forward that there is no reason to criticise
S police if they resort to illeysl and underground tactics to suppress
illegal and underground groups.
The weekly El Caudillo. of sp obviously totalitarian persuasion,
openly propagandised for violent action against leftist militants, many
of whom were subseouently killed by rirht-wipV commandos (-OrtepaPeria,
Father flupicej Atilio LAnez,. etc).. It maintains the subversives must
die so that the fatherland may live. In its editorials the phrase "the
best enemy is a dead enemy': constantly appears. This periodical always
carries a substantial amount of advertising for the Ministry of Social
Welfare. (51)
S-3178 (a)
^
HE
(d) Lawyers who visited political prisoners received letters threatening
them with death shortly after .their'.visits. In the letter received
by Dr. Horacio F.amiro Vivas, there was an error in one of his christ-
ian names - the same which he had noted on the official authorisation
for his visit and which he presented to the prison guards.
(e) In a document made public on November U, 1974, the families of politi-
cal prisoners denounced an episode which had taken place in the Villa
Devoto prison the week before: the prisoners in a certain ward were
moved out of their cells for a brief time so that these Eight be in-
spected. Upon their return, they found printed on the wails the let-
ters "AAA".
17. The AAA organisation, by means of communiques made to the mass media,
publicly assumed responsibility for various crimes, amongst which are the
murders of the forner chief of Police of Buenos Aires, Julio Troxler, of
the Member of Congress Ortega Pena, of the lawyer Alfredo Curutchet, of the
former Vice-Governor of C6rdoba Atilio L6pez and of Juan Varas, former
Under-Secretary of Commerce of that province. (ﾃつ｣2) It has sent threatening
letters to a great number of persons of the most differing walks of life
and tendencies, among whom are Members of Conqress and Senators (53), judges,
university professors, clerics, -trade union and student leaders and even
actors (54), Such threats were also made against any and all lawyers who
might defend or have defended political prisoners, as already mentioned.
18. Some impressive events and circumstances, only some out of many, merit
special reference, besides the murders of lawyers already described in the
first Part of this study.
On February 18, 1974, a heavy explosive blew up in one of the streets
of central Buenos Aires. It was bein.er carried by Alejandro C-iovenco Romero
iu a brief-case. He lost his arm and subsequently died. It was discovered
that he worked as abody-guard at the Metalworkers' Union and belonged to the
Peronist Youth. He was considered an expert in arms and explosives and
took part in weekly meetings with the President of Argentina, at Olivos, as__
representative of the National Centre of Peronist Youth. (55) There is no
indication that any investigation of the event has taken place. Similarly,
there is no information on what was to be the bomb's distinction.
The kidnappings and attacks are countless in which Fold Falcon auto-
mobiles, sirilar to those used by the federal police, appear. The kidnap-
ping of Dr. Silvio Frondizi has already been mentioned. In that case a car
of this make was abandoned by the perpetrators of the crime, but nothing
was ever heard of it. FordFalcon cars carrying criminals on various other
missions have been noted: at the kidnapping and death of the trade union
leader Carlos 3orroneo Chavez, which took place on. June 17, 1974 (56); at
the shooting of two young men in the Los Perales district of Mataderos (57);
at the attack against the headquarters of the Peronist Youth, First Regional
Office, on June 29, 1974 (58); at the shooting attack acainst a worker on
August 2, 197^1 (59); the kidnapping and death cf Atilio Lopez, former Vice-
Governor of C6rdoba,and of Juan Jose Varas (60); the kidnapping and death
of Eduardo Ambrosio Romero, Villero Peronist Movement militant from Cdrdoba,
on the occasion of President Peron's funeral (61); at the death of Enrique
Kusconi, leader of the Revolutionary Communist Party, on December 7, 1974
(62); at the death of five alleged subversives at Villa Lugano, in Buenos
Aires, on Dember 13, 1974 (63); at the kidnapping and death of Hector Jorge
Cols and Maria del Carmen Raldi on December 12, 197H (64).
S-327B (a)
- 10 -
The kidnappings and deaths of Atllio L6pez and Juan Jose Varas, on
September 16, 1974, are surprising. Both had been staying in a Buenos Aires
hotel since the 11th. Varas had decided to return to C6rdoba.and was going
towards the airport. His name was called over the loudspeakers, but he was
already inside the aeroplane. His disembarkation was requested by the
flight control tower and was authorised by persons claiming to belong to
the Federal Coordination Authority. Then Varas was captured and taken back
to the hotel where Atllio L&pez was staying. There his capturers identified
themselves once again as policemen, went up to L6pez' apartment and brought
him back under arrest and handcuffed along with Varas. They all got into an
automobile and left at high speed. Hours later both corpses were found
drilled with bullet-holes in an open space in sreater Buenos Aires*. There
are other details: in front of the hotel one of the cars was double-parked
and this came to the attention of a patrolman. He, after having spoken to
the occupants of the vehicle, went on his way. Nothing is known of the in-
vestigation, which was supposed to verify this occurrence.
Atilio L6pez was, along with the'then Governor Obregon Cano, deposed
in Cordoba on February 27, 1974, by the then Chief of Police, Colonel'Antonio
Domingo Havarro. Both had been elected and taken office on May 25, 1973,
The President of the Republic pave his support to this illegal act and is-
sued a decree authorising federal intervention in the province. (66) Navarro
attempted to bring to trial some 80 persons who were onﾃつｦthe Governor's staff
charging them with illegal possession of weapons, but the trials were ad-
journed sine die. (67) Criminal charges were brought against Navarro but he
was subsequently pardoned by the President of the Republic. (68)
Many people name Colonel Navarro as an AAA leader.
The attacks against political and activist organisations, trade unions
and their leaders are countless. The kidnappings and murders, many of which
were perpetrated with refined cruelty, are numerous, and- all of them are
fully documented. In 1974 alone more than 300 crimes were committed. (69)
Attacks on the Judiciary
19. It can be stated that virtually all federal judges and magistrates of
the Supreme Court receive threats fror. the AAA if they act leniently towards
persons convicted of subversion.
20. In CArdoba, Judge Carlos Haiberadian was the victim of a grievous as-
sault because he had sentenced 13 policemen to prison terms on their convic-
tion for the death of five officials of the Argentinian Cooperative Associa-
tion (whom in the beginning they had tried to pass off as subversive ).
When, in February 1974, Colonel Havarro deposed the legally elected governor,
the judge's residence was the target of a bombing attack and was partially
destroyed.
On May 28, 1974, he was in his home, by then rebuilt, with two friends
when, towards the end of the evening, he was called on the door phone '{inter-
com system) by persons identifying themselves as from the Governor's proto-
col staff". One of the two friends went downto open the door and was imme-
diately threatened by two persons, carrying automatic weapons, supported by
two other individuals who were in a car. Faced with such an imminent attack
Dr. Haiberadian, having no other exit, jumped out of a window some 18 feet
S-3178 (a)
- 11 -
above ground, onto the patio of a neighbouring house and suffered consider-
able bodily injury. His assaillants, having looked for him throughout the
house and saying that they had come to kill him, left uttering threats.
Some four months later, during which time neither the public authori-
ties nor the police had made the slightest effort to undertake an inquiry,
the person who had answered the door recognised one of the assailants in
a public place. Upon carrying out a personal investigation, he discovered
that the person was a public servant in the security service of the Ministry
of Social Welfare, working on a short-time posting in Cirdoba. Ke further
found out that the attacker belonged to the 'Black Eagle Squadron", a para-
police group whose aim is.to intimidate and liquidate political militants,
which confirmed that it had sought to kill Judge Haiberadian because it
thought him to be connected with leftist Peronist groups. (70)
21. Towards the end of 1974, there was a complete re-shuffle in the judi-
ciary, and judges were given exceptionally favourable incentives to take
early retirement. All of them took.advantage of this and retired, leaving
the field open for new judges.
Arrests
22. There is considerable doubt as to the number of persons presently held
at the Executive's pleasure. The Minister of the Interior, Dr. Alberto
Rocgmora, recently declared that he did not know the exact number, but he
estimated some 700. (71) Dr. Antonio 3enitez, the Minister of Justice,
told me that there were 600 persons under arrest. Antonio Trocolli, Member
of Congress and leader of the Radical Civic Union (UCR) in the House of Re-
presentatives, thinks that the number of prisoners must be in the range of
1,200. The Argentinian Hunan Rights ^eague, in a document to which refer-
ence has already been made, reports that the number of prisoners is estima-
ted at 2,000, but this would seem exaggerated.
Only a small number, certainly not more than 300, have been tried. The
others are in the strange situation of prisoners for an indefinite time not
charged with anything.
Mr. Tr&colli spoke out in favour of a Parliamentary Commission "to
examine the grounds for each arrest so as to judge politically what use is
being made of the emergency powers (state of siege). In this manner it
would be shown that the great majority of arrests have been unfounded and
that consequently those being punished in this manner should be released."
(72) A Provincial Committee of the UCR. in C6rdoba made a public-' protest
against indiscriminate arrests of persons who had nothing to do with sub-
version and against the forcible entry of homes by the police without war-
rant or basis. (73)
23. The situation of the detainees is not a good one.' The national Consti-
tution provides that ,5the nation's prisons shall be healthy and clean, used
for the' security and not for punishment of the criminals housed in them,
and any measures taken on the grounds of preventive action which leads to
the inflicting of anything other than what is required by law,-shall be
brought before the sentencing judge'1 (last Dart of Article 13).
S-3178 (a)
m^t
A Draft General Part of the Penal Code, recently drawn up by a Govern-
ment appointed commission, notes, however,"in its prea;nble'that certain
penal 'establishments contain "often-times sub-human conditions'7. (74) Seri-
ous uprisings hava taken place in the prisons cf Sai"j Nicolas (Buenos Aires
Province) and at Olmos (Rossrio). (75)
It is common'practice'to'move political prisoners from one part of the
country to another, including to penal institutions'located at distant
places 'such."as Rib'Gailegos prison,'scr-a' 1,600 miles from the capital. Many
documents drawn up by organisations of the families of political'fietainees
complain of the appalling conditions in which the prisoners are kept in var-
ious prisons, Villa Devoto in the capital included. (75) The situation at
Rawson, Chubut Province, in far distant Patagonia>is particularly disquiet-
ing. Political prisoners started being sent there on December 14; 1974, and
according to rumour there are about 140 prisoners in Rawson.
Political prisoners cone under 3 regulation issued on May 14; 1963,
which, provides that lawyers iray see prisoners but have no physical contact
with them and meetings must take place in visiting rooms "under, direct and
watchful supervision, undertaken for reaccr.s of security" (s. 10).
Torture of Political Prisoners
24. Cases of proven torture of political prisoners are common. While I
was in Buenos Airss, the- papers published a statement of former President
Arturo Frondizi to the effect that 7!it will not have escaped anyone's notice
that torture is almost becoming an institution in our country.- If on the
one hand the terrible .degradation of torture- is not. fought against, no at-
. tempt can be made at "r.irtirpctir.g that oilier terrible degradation consisting
of the death of innocent people'in guerrilla warfare." (77)
There exist mny reports' of torture which have been written by politi-
cal prisoners with minute s'nd detailed descriptions of the sufferings to
which they, were subjected.
the torture''inflicted'by the police or Eusebio de Jesus Maestre and
Luiza Galli do Plctkovthi, arrested en April 17, 1974, have been proved by
an official medicoI expert report, as well as those inflicted on Alberto
Miguel Campos, and Rosa iiaria Paroas, -rrrusted on the 19th of that month. (78)
At the press conference held by the counsel for the defence'of the pri-
soners in Catamarca on August 10, 19.74, it was stated that all of the pri-
soners had been subjected to horrible .torture including drugs.' The prison-
ers were examined by a nedical board formed of seven doctors appointed by
the Catamarca tledical Association, which found that they had been the vic-
tims of torture including electric shocks and long privation of water and
food.
The .Chamber of Representatives .of Tucuman, through .a Commission of En-
quiry, accused 54 high-ranking heads of the provincial police of ill-treat-
ment of political detain^.ec- Tha torture practiced on seven, persons ar-
rested ..in Tucuman on September 27., 1374 (Castrc, Tumini, Geraud, De Bene-
detti, Psipodas and ?'ieloni) (79) has been judicially proved.
S-3178 (a)
- 13 -
Similarly, in Santa Fe the.coroner proved that labour leader Ovidio
Valentin Granetto and the young Oscar Herbetta had been subjected to tor-
ture. (80)
Freedom of the Press
.25. From July 1973, the circulation of various periodicals and newspapers
.(El Mundo,..Noticias, Respuesta. Popular, La Calle and Cr'&nica) and reviews
(El Bescamisado, Militancia., "La Causa' Peronista, I>e- Frente, El Peronista,
Cabildo) has been prohibited by Government decree.'
ﾃつｦ Some of these periodicals were associated with the revolutionary side
of. Peronism, such' as t-tilitancia, El Descamisado and Se Frente, journals'
directly bound up with the Peronis.t Youttv Movement. I'oticias and La Causa
Peronista,. closed down ori"August 27',' 1974, and September 6, 1974,- respect-
ively, were: unofficial organs' of the Montoneros. The: review Cab'ildo was
anti-Peronist, notoriously pro-totalitarian' and right-wing "nationalist. -"
All of these periodicals "were closed"down by decision of the'Executive
without any attempt at recourse to judicial proceedings ^through which legal
sanctions .mijaftt ultimately have been imposed.
Various journals were the victims of bombirigs and'machine-gun-attacks
(El i-iundo, Voz del Interior, Hotlcias, Voz Serrana). The most serious oc-
currence tq.be recalled is the raid on the traditional C6rdoban daily, Voz
del Interior, whose offices were overrun by 50 men'for "two hours, without
the slightest intervention.on the part of the police. ' "It is alleged that
some time later a Minister of.the Provincial Government, Garcia Lavalj
handed the newspaper's manager' a list of those participating'in the'crime.
There are records of diverse arrests and attempted kidnappings-and
murders of journalists... These events were fully described in the newspapers.
It is also alleged that the' commercial press i3-fairly cautious in- its ----
criticism of the government. This'is because it needs official advertising
(which is the monopoly of the Telam Official Agency and is used as a"means
of pressure, over the press) and furthermore it is necessary to assure it-
self of a license to import newsprint, since there is none produced nation-
ally- . . " ' '" ? :'- - ﾃつｦ'.'-ﾃつｦﾃつｦ-
The Buenos Aires Lawyers' Association protested against the'closure of
periodicals,by Executive intervention (81). The Argentinian Association of
Journalists'. Groups (ADEPA) at a recent meeting, called for the "restoration
of the freedom of the .press "so severely compromised ^"Argentina in recent
.times". (82) ' ' ' ﾃつｦ ~ :.':ﾃつｦ..ﾃつｦ : '?ﾃつｦ-ﾃつｦ ﾃつｦ'
S-3178 (a)
- 14 -
APPENDIX
Penal Legislation
1. On the taking over of power by th= new government on May 25, 1973,
when Dr. Canpora assumed the office of President,- Act. Mo. 20509 was imme-
diately passed, revoking all penal laws which..ha_d not been .duly enacted by
the National Congress and reviving the provisions in-force at the time of
the issuance of the laws and legislative decrees which were thus repealed.
Exceptions were cade in respect of the amendments to the Penal Code introduced
by Acts 17567 and 18934 in sections 173 (7) (fraudulent management) and
11 (bargaining over aquired contractual rights); .5. 179 (2) (fraudulent
bankruptcy); s. 190 (shipwrecks, running aground and airplane disasters);
"s. 194 (interruption of public transport and services); s. 198 (piracy at
sea and on navigable rivers and high-jacking) and 175(bis) (usury). .Excep-
tions" were also made in respect of the abrogation of Acts IJos. 19359 and
20184 (exchange), 17250 (national provident funds) and 18247 (promotion and
development' of "exports), which thus remain in force.
2. The government was authorised to set up a Penal Law Reform -Commission
and it submitted a General Part of the Penal Code, towards the end of last
year.
3. It is alleged that not all of the repressive laws were repealed on
May 26, 1973. There remained in "force those establishing the CONASE (Secu-
rity Council);, the CQjIADr (Development Council), the COHES end the,CONALYT,
amongst other's'^ thus empowering the Executive to intervene -.in the. political
economic and social life of every sector of the country in a totalitarian
fashion. (1)
4. On January 28, 1974, an Act presented in Bill- form by the Executive
was passed introducing various amendments to the Penal Code relating to
crimes against the person and activities connected with subversion (Act Mo.
20642). ﾃつｦ'
This law was passed over the strong opposition of all of the left-wing
elements. It increases - in some cases drastically - the penal consequences
of certain crimes-, kidnapping, extortion, incitement to crime, illicit as-
sociation (which is now punishable by imprisonment of from 3 to 10 years,
with a minimum sentence for leaders or organisers of- 5 years), public inti-
midation, the organisation of or participation in :an association which at-
tacks public order (making membership in such an association punishable by
imprisonment for a term of 3 to 8 years), sedition. The same .Act creates
nev; types of crime also: threats, extortion by kidnapping, the manufacture,
possession or supplying of explosive, incendiary, asphyxiating or toxic
substances or mechanisms for the purpose of disturbing public security, the
falsification of motor vehicle ownership and driving permits. (2)
As a result of the increase in sentences several crimes can no longer
give rise to bail applications. The latter have in any case been modified
by Act. No. 20516 of July 6, 1973.
The Radical Civic Union (UCR), main opposition party, was also totally
opposed to the proposed Penal Code Amendments, claiming that such reforms
S-3I78 (a)
ﾃつｦ- 15--
were attempting to re-introduce many of the aspects of the repressive legis-
lation which had been repealed on May 26, 1973. It also made the point that
the measures were unnecessary ;'since the government already has all consti-
tutional and legal powers for combatting subversion and violence". (3)
5. On September 30,.1974, a Security Act was passed, punishing subversive
, activities, of any kind.
This law (Act No. 20840) punishes with imprisonment of from 3.-8 years
?whoever,r.for- the purpose of bringing to fruition his ideological tenets, at-
tempts'or encourages by any means whatsoever the ﾃつｦalteration or suppression
:of the established order .and.the social peace of the nation, in a manner not
established in the National. Constitution or legal provisions regulating /the
political, economic and social life of the nation (section 1). -i
ﾃつｦ^-Those who engage in.the distribution, propagation or diffusion of mate-
rials tending to indoctrinate, or who seek to convert or "instruct on matters
relating to.any.conduct prohibited under section 1, can be punished by pri-
son terms ranging.from 2 to 6 years; anyone publicly"defending such crimes,
; their perpetrators or collaborators; anyone having the- authority to exhibit,
print, publish, reproduce, distribute or supply by whatever meansj printed
or enrpraved material, through which facts, communications or pictures of
conduct prohibited by section 1 are made public; :-anyone'having .under his
control or authority telecommunications equipment for transmitting without
lawful authorisation and anyone using such equipment or abetting anyone else
in the use of without lawful excuse, are all similarly punishable.
- This Act also punishes the use or possession of emblems, insignia or
badges standing for notoriously subversive organisations with from 2-5 years
imprisonment and the sane penalty is provided for editors and publishers of
any kind of publication, radio or television managers and broadcasters or
those responsible for any means.of communication which propagates informa-
tion or facts, pictures or any sort of communication concerning-the conduct
described in.section 1. (4)
A penalty, of from .1 to .3 years imprisonment is also provided for insti-
gating the breach of obligations imposed by an award declaring' a'strike il-
ﾃつｦ legal. Industrial sabotage is also punishable when it is undertaken vith
guilty intent.
The crimes covered by this Act are under federal jurisdiction and bail
procedures and suspended sentences are not applicable.
ﾃつｦ6i- : The,Buenos Aires Lawyers * Association protested against the Security
Act^.jStating that it made the holding of opinions-a crime with the widest and
most indiscriminate parameters, covering all types and means of'? creative and
ﾃつｦ'communicated, .thought, thus restricting constitutional-f^uaranteesi The Asso-
ciation further declared in its.protest that the extent of penalties includ-
,vijig additional sanctions such as the compulsory deportation of a foreign
national-and the withdrawal of his papers, amounts to a system of rigorous
and indiscriminate repression which can in no way contribute to..a process
of national pacification and the elimination of terrorism. Moreover, the
repression provided for in cases where labour conflicts were declared .illegal
was alleged to be in violation of guarantees laid down in the Constitution.
S-3178 (a)
- 16 -
FOOTNOTES
ﾃつｦ?(1) Arrested.on Noveriier 1, 1974. President of the Mar del Plata Section
of the Argentine League for Human Rifih-s and Vice-Chairman of the
National Executive Council of this body, lumber of" the Intransigeant
Party.
(2) Arrested in C6rdoba and handed over to the Federal Coordination Force.
(3) Former adviser to the Ministry of the. Provincial Government of Santa
' Cruz. Arrested on .llovember. 12, 1971.' Member of the Intetrrationist
Development Movement.
(4) Arrested on November 19. 1974. Member of the (Peronist). Partido Justi-
cialista.' '.'*''
(5) Former judge of the Supreme Court of Salta. ' Arrested in his office on
- November 28, 1974/ the date on which federal intervention in the Pro-
vince became effective. Now in prison at Villa Devoto, Buenos Aires.
(6) Detained in Catamarca.
. (7) Solicitor for the Popular Leftist Front of Cordoba.
(8) Arrested in iiendoza on March 5, 1975.
(9) Arrested on Ho.vember 1, 197*4. President of the TucumSri Section of the
-.Argentine .League for Human Rights. Member of the Communist Party
Xwhich is legally recognised).
(10) Arrested in La Plata on November 13, 1974.
(11) Member of the Peronist Youth Movement, arrested in Bahia Blanca.
(12) . Member of the (Peronist) Partido Justicialista, arrested in-Bahia Blanca.
(13) Fonner Minister and former Secretary of the San Luis Peronist Congress.
(14), Under arrest since November 21, 1974, in Rosario.
(15) Member of the Socialist Uorkers Party.
(16) As to,the arrest of Susana Aguad, Susana Buconic and Abraham Kozak at
C6rdoba on December 2, 1974, see La Voz del Interior (December 3, 1974).
This paper also reports on the police's forcible entry of"tile law of-
fice of Ronald Troncoso. Susana Aguad, Susana Buconic and Abraham
Kozak were counsel acting for woi-'kers and political detainees (La Voz
del Interior, December 19, 1974). The "well-known Peronist militancy"
of Hiss Buconic was mentioned (La Voz del Interior, December 4," 1974).
(17) Cf. La Voz del Interior, December l7, 1974.
S-3178 (a)
- 17 -
(18) "To the Nation'VSarch 22, 1975: mfe'are of the opinion that the deten-
J tion of the' colleagues named and "the- Decree instituting the State of
Siet^e responsible for-such detention', constitute a flagrant .injustice
to the manner in which they have altvays -carried out their .profession."
(19) La Hacion, April 5, 1974.
(20) El Cronista Conercial, Hay 16, 1974.
(21) Moticias, August' 6, 1974.' '-ﾃつｦ
(22) La Hacion, July 18, 1974, and Moticias, July ie, 1974, both with photo-
graphs.
(23) Vide the document "El Regimen Democratico Peligra en la Argentina" (The
Danger of the Democratic Regime in Argentina) drawn up by the Argentine
League for Hucan Rights, January 2^-1975, p. 8. .The Buenos Aires Law-
yers' Association had a protest published (Duenos Aires Lawyers' Asso-
- ... ' ciation-'AABA -Bulletin, No. 323, Sept ember 1974).
(24) See the energetic protest made by the Buenos Aires Lawyers' Association
on September 6, 1974, and published in its Bulletin.
(25) La Naci6n, January 2, 1971.
(26) This lawyer was arrested during June 1974. He was Secretary-General of
the Lawyers' Guild. :Cf. El Cronista Comercjalj, June.7, 1974.
(27) The investigation was discontinued for want of evidence. El Cronista
Comercial, December 1, 1973.
(28) ' El Mundo, October 24', 1973'.
(29) See the full report of the newspaper El Hundo, November'28, 29'and 30,
ﾃつｦ 1973, as well as Hoticias of November 30,. 1973. ﾃつｦ ""
(30) Rodolfo Ortega Peiia was engaged'in extensive political activity. He
had taken up office as a national Congressman about four months earlier,
"replacing a I'enber who had resigned because of disagreement over the'
Penal Code reforms.- He was a menber of FREJULI (Frente Justicialista
de Liberaci6n - The Just Liberation Front) of- the Government block. He
was a manager of the. review tlilltancia, closed down by- the Government
in April 1974, cf. Moticias, June 21, 1974. There is a complete des-
cription of the crime in Moticias, August 2, 1974.
(31) Vide Hotlcias, August 3, 1974, with full .photo coverage ("The Villar
Funeral"); La Voz del Interior, August 3, 1974.
(32)' Moticias, August 4, 1974.
(33) Diario del Sesiones (i.e. the Congressional Record), August 1, 1974.
(34) Cordoba, September 13, 1974. This type of vehicle is used by the Fed-
eral Police and has been connected with innumerable .violent acts, to
which reference will be made below. '"ii-ﾃつｦﾃつｦﾃつｦﾃつｦﾃつｦ:'
S-3178 (a)
- 18 -
(35) See Cordoba,, September 13, 1974, various statements. Curutchet had
been.imprisoned over soroe considerable period under the military dic-
tatorships both in the prison of Villa Devoto and in Rswson in Pata-
gonia. See the Petition published on September 12, 1974, by the
Cordoba Fighting Trade Union. Organisation.
(36) See a full description of the facts in El Cronista Coraercial, Septem-
ber 28, 1974.
(37) It would seem that this assertion is inconsistent with the alleged
political militancy of the lawyers.
(38) Some judges interviewed on this matter stated that the legislation on
procedure, as respects jurisdiction, is in chaos.
(39) The review Muevo Hombre, first half of December 1973, records the
political activity of this''lawyer.
(40) .He directed along with Dr. Eduardo L. Duhalde, the review Hilitancia-
closed down in April 1974. Cf. Cronica, June 19, 1974,: and iloticjas,
August 21, 1974.
(41) The organisation justified the occurrence (taking place on Harch 29,
1970) by stating that Aramburu was responsible for the shooting of
27 Peronists, after the revolution on June 9, 1956. . ﾃつｦﾃつｦ....-.-
(42) When he was elected President, General Peron confronted the tiontoneros,
calling them "stupid, smooth-chinned and mercenary youths''.- This took
place at a meeting held on May 1, 1974, at the Plaza de Mayo.
(43)- On June 20, 1973, as General Peron was returning to Argentina, a viol-
ent conflict between Peronist extremists took place in the woods sur-
rounding Ezeiza airport, which resulted in dozens of.deaths a^d wound-
ings. Inexplicably, the police made no move to intervene and there
has never been an official report on the matter. The event, of the
greatest seriousness, seers to have been the signal for a irave of
violence which has been going on ever since.
(44) The kidnapping was undertaken to force the government to bring into
the open various nilitants who had simply disappeared. As there was
no official response, the Consul was murdered and his body was found
rolled in the flag of the ilontoneros to which were glued the portraits
of the militants who had disappeared.
(45) For the ERP, the Hontoneros do not constitute a revolutionary move-
ment but rather a petty-bourgeois one. Cf. Cuestionario, March 1975.
(46) CuestionArio, Jlarch 1975. ﾃつｦ Anions, the kidnappings of millionaires, that
of the General Manager of FIAT should be mentioned. Common criminals
have also begun to Dractise extortion by kidnapping. According to
the Minister, Mr. Benitez, at present of every 10 kidnappings only 3
are political. --'ﾃつｦﾃつｦ ﾃつｦ . ﾃつｦ
(47) Cuestionario, March 1975: ;'Que hay en Tucuman?:: (;".Fhat is-woing'on
.'..in Tucuman?"). "ﾃつｦ - ﾃつｦ-ﾃつｦ''-'
S-3178 (a)
- 19 -
(48) The events took place while I was in .Buenos Aires. Upon his; release,
the judtre sent a letter to the court over which he presided, stating
that he had been kidnapped "for the sole purpose of. forcing an expla-
ﾃつｦ nation to "be "piven of the whereabouts of Sergio Schneider, arrested
by federal agents, and of whom there had been no news. This was made.
known to me while I was being held and I was properly treated/', El
Cronista Comercial, March 7,' 1975; La Naci&n, March" 7, "1975.
(49) In an article published in the review Las Bases in 1972, General Peron
himself stated "that para-police organisations, recruited and trained
by persons in the military and in the police, are 'operating in Argen-
ﾃつｦ -ﾃつｦ- .: tina". Cf. El iiundo, Harch 6,... 1974,
-X50) Senator; Irigoyen was seriously wounded by the explosion of a bomb
..-. ..placed in ..his. car. ......
(51) El Caudillo, Harch 5, 1975. " " ' '
(52) La Voz del Interior, September 22, 1974.
(53) Member of Congress, Rodolfo Oscar Vittar and Roberto Vidaiia (of Cirdoba
province), Armando Daniel Croato and Carlos Miguel Kunkel (of Buenos
Aires) protested against the receipt of threatening letters signed by
.the AAA. The same happened to other parliamentarians, amongst them
Members of Congress Jorge Omar Viale and Jesfis ilira.' Senator Solari
Irigoyen, before the assault which, he. suffered, had also received a
threatening letter. Member of Conrress Hector Sandler was threatened
for "being'the counsel to the ERP mercenaries j:. Cf. La Voz del Inter-
ior, September 17, 1974.
(54) Clarin, September 26, 1974; Cronica, September 25', 1974; La Opinion,
September 27, 1974. In a press release the AAA stated that .the artists
' Nonran Briski, Nacha Guevara, Hector"Alterio, Luiz Srandoni and HoraCio-
Guarany were condemned to death because'."high command had noted their
anti-social activities in favour of Marxism"in' the artistic milieu".
(55) See the newsrjapers of February 18, 1974, and Asi of February 22., 1974,
with full reports on Giovenco, his activities and crimes.
(55) ' El Cronista Comercial, June 18, 1974.
(57) Hotleias, June 23, 1974.
(58) Motlcias, I5ay 30, 1974.
(59) MotJcias, August 5, 1974.
(60) Asi., September 20, 1974. ' ;"
(61) Hoticias, August 22, 1974.
(62) La Voz del Interior, August 8, 1974.
(63) La Voz del Interior, December 14, 1974.
S-3178 (a)
- 20 -
(64) La Calle, December It, 1974
(65) El Cronista Comercial, September 18, 1974;. La Voz del Interior,
September 20, 1974; Asd, September 20, 1974.
(66) Hoticias? liarch 2, 1974; La Opini&n, March 2, 1974..
(67) La Kacion, May 17, 197U.
(68) La Voz del Interior, Hay 30, 1974.
(69) See the document "CI Regimen DemocrAtico Peligra en la Argentina"
(The Danger of the Democratic Regirae in Argentina) published by the
Argentine League for Human Rights on January 2, 1975. The chronology
of events between the 1st and the 15th of December, here only excerp-
ted, is impressive.
(70) See on this matter, El Hundo, February 6, 1974; El Cronista Comer-
cial, February 19, 1974; La Voz del.Interior, Hay 30, 1974, and Asi,
June 7, 1974.
(71) La Hacion, March 7, 1975.
(72) La Calle ^.December 17, 1974
(73) . .La Voz. -del Interior, December 12, 1974.
(74) Draft General Part of the Penal Code, Buenos Aires, 1974, p. 8. See
the charges made by a prison chaplain in Hoticias, August 6, 1974
(VThe disgraceful conditions in prisons").
(75) Asi, June 29, 1973.
(76) See the publication Political Prisoners under the State of Siege:
Arrest or Punishment? ("Presos Politicos por el Estado de Sitio: Ar-
resto o cumplimiento de nena?"), published by the Argentine League
for Human Rights.
(77) La Raz6n, March 11, 197S.
(78) El Cronista Comercial,- May 10, 1974; El Peronista, May 14, 1975.
(79) See also Noticias, August 25, 1974.
(80) De Frente, Ho. 7, p. 11 (June 20, 1974).
(81) Boletin, Ho. 325, Nover.ber 1974.
(82) Jornal do Brasil, March 23, 1975.
A A ?*(
S-3178 (a)
- 21 -
FOOTNOTES to APPENDIX
"The Danger of the democratic Regime in Argentina'5, cjt. supra.
Cf. La Naci6n, January 25, 1974.
La Hacion, January 11, 1974.
The People's Revolutionary Arroy was declared illegal by Decree No.
1454 (1973), by the then President Raul Lastiri. The press may not
publish the name ERP nor the name Montoneros. The former is always
referred to as "the outlawed organisation^ and the latter as "the
organisation which went underground". Cf. Cuestionario, Mo. 23
(March 1975).
(a)
INTERNATiONAL COMMISSION OF JURISTS.
COMMISSION INTERNATIONALE DE JURISTES - COMISION JNTERNACtONAL DE JURISTAS
INTERNATIONALE JURISTEN-KOMMISSION
109, ROUTE OE CHENE, 122-1 CHENE-BOUGEKIES (GENEVA, SWITZERLAND . TEL. 35.19.73
CABLE ADDRESS: INTERJURISTS, GENEVA
REPORT
by
Dr. Heleno Claudio Fragoso, Brazil,
o n
THE SITUATION OF DEFENCE LAWYERS IN ARGENTINA, March 1975
***
ft * *
V
ARGENTINA PROJECT (S20O00O044)
U.S. DEPT. OF STATE, A/RPS/TPS
Margaret P. Grafeld, Director
(^Release ( ) Excise ( )Deny
ExemptionCs):
Declassify: ( ) In Part ( ) In Full
( ) Classify as _( ) Extend as_ ( ) Downgrade to.
Date_________Declassify on_____tf _^ Reason?
80F178
21/185
INTERNATIONAL COMMISSION OF JURISTS
COMMSSSiON INTERNATIONALE DE J'JRiSTES ? COMISION INTERNAOONAL DE JURiSTAS
INTERNATIONALE JUR1STEN-KOMMISSJON
109, ROUTE DE CHENE, !224 CHENE-BOUGERICS / GENEVA, SWITZERLAND - TEL 35.S9.73
CABLE ADOKciS; i N'T ﾃつ｣ R JURi STS, GENEVA
REPORT
b y
Dr. Heleno Claudio Fragoso, Brazil,
o n
THE SITUATION OF DEFENCE LAOTERS IN ARGENTINA, March 1975
* si i A ft * A ft *
INTRODUCTION:
1. In carrying out the mission with which I was entrusted, I went to
Buenos Aires on March 3 last and stayed in that city until March 20.
During that period of time I undertook my work on an intensive basis
and was in contact with many lawyers of the most diverse political per-
suasions, amongst whors figured some of the most respected persons in
our profession. I had interviews with the leaders and members of the
representative institutions of the profession, the Buenos Aires Bar,
the Buenos Aires Lawyers' Association, and the Federation of Bar Soci-
eties. I was also in contact with journalists, university professors
and magistrates of differing degrees.
During my time in Buenos Aires I benefited from the full-time as-
sistance of two diplomats who, in the nane of the Argentine government,
placed themselves at my disposal, thus facilitating by their great ef-
ficiency and courtesy all of the official contacts which I wished to
establish. Thus I was able to meet with Minister of State and leaders
of the National Congress who represented the various parties.
On the other hand, I undertook extensive research into the laws
and executive decrees, judicial decisions and periodical collections.
By this means I gained wide-ranging documentation on facts and events.
The following report is the result of this work. In it I shall
examine firstly the position in which lawyers who engage in the defence
of political detainees in present day Argentina find themselves. This
position is one of the aspects of the process of political violence
which the country is undergoing and concerning which, in the second part
of the study, I shall present certain data.
ft ft ft
S-3178 (a)
Part I
THE POSITION OF LASERS
2. Those lawyers who act as defence counsel for political detainees have
been victiins of extensive violence, ranging from threats of murder, to actual
physical elimination. Several have had their offices damaged by explosions
and broken into by police authorities. Sone are detained on order of the
Executive without any repuiar trial or the laying of 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); Raul Cegue; Eduardo Roraanin; Lucila
F. Intelisano; Horacio D. Zanboni; Jorge J. Ballardini; Susans Aguad and
Susana fluconic (2); Ricardo Amor (3); Oscar Pedrota; Roberto Bsrges;
Pablo Lajarraga; Carlos Hasolo; Vicente V. Ayala (4); Rene Gabioux; Farat
Sire -Salim (5); Hector Andreotti; Cesar Calcagno; Julio C. Harcolli and
Jorge H. i-iarca (6); Roberto Diaz; Abraham Kozak (7); Alfredo Ramon Gueva-
ra and Fuad Taun (8); Carlos Hariano Zamorano (9); Hector Archetti (10);
Juan 3onacossi (11); Kestor Bueno (12); Julio Everto Suarez (13); Eduardo
Garat (14); Daniel Vei^a (15); Andres Fidal^o and Amalio Juan Rey.. ,
flany 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 Deceirber 16, 1974, a representative committee of the Movement for
the Protection of the Ler;al Profession submitted a memorandum to the Supreme,
Court of Justice in which it petitioned the Court to request "the Executive
to explain the grounds on which a number of lawyers had been taken into
custody '. In this memorandum were mentioned the names of several "lawyers
referred to above and it was stated that "they were not charged with any
specific criminal acts'5. (17)
Some 250 militant lawyers of the court in C6rdoba 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 Buconic,
Abraham Kozak and Analio Rey, all of whom had been kept arbitrarily under
arrest for more than three months. (18)
twenty-six
4. The following-lawyers have, amongst others, been threatened ttfith murder
by the terrorist organisation AAA ("Argentine Anti-Communist Alliance"):
Mario Hernandez, Osvdldo Acosta, Eduardo Duhalde, Vicento Zito Lema, Ana
Maria Sanchez, Ines Cassibe, Helena Moreno, Eduardo A. Sanjurjo, Manuel Gag-
f*ero, Rodolfo Ilattarollo, Enrique Schargorodsky, ..Gustavo Roca, Lucia Garzon
Jjaceda, Carlos Altamira, Rafael Lombardi, Alfre'io Becerra,'Carlos Bongiorno,"
Mario Mathov, Rafael Cecilio Katovich, iJario J,andaburu, Antonio Ch&a, Jlario
Yacub, Amilcar and Manuela Santucho, Jorge F.ivak and Horacio Ramiro Vivas.
S-3178 (a)
- 2 -
Several of these lawyers had distinguished themselves in their defence
of political detainees, activities which they have'new 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 Golin and Alejandro Teitelbaum. Earlier the offices
of Mava Menvielle, I-iarta Decunda, Eugenic Laera, Silvio Frcndizi and Antonio
Sosa -all defence counsel for politics! detainees - were also forcibly
entered. (19)
On May.10, 1974, tha lew offices of niguel Zavala Rcdrigusz, 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 Gonzales Gartland end Mario HernAndez., (21)
6. More 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 sevaral 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
names were drawn had their homes bombed and were 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 completely destroyed after having been twice dynamited.
(23)
The offices and homes' of many lawyers have been attacked by bombs and
rifle fire. This has happened to Attorneys Carlos A. Gonzalez Gartland and
Saul Lipove'tzsky (in October 1974) as well as to Attorneys Vicente Zito Lema
and Miguel A. Radrizzani Coni. In a document isr.ucd in the name of the de-
fence counsel for guerrilla fighters arrested in Catamarca, Dv. Silvio Fron-
dizi and Dr. Manuel Caggero 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 was threatened if he did not comply.
Kis home was, moreover, forcibly broken into by ths Federal Security Agency's
agents. The home of Dr. ilartinelli, barrister in Tucuman, vas 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 T.;as later murdered) had his office
destroyed by a bomb on August 30, 1974. (24) The ho^e of Attorney Aroado
Uels6n Machado of Rosario who was making grave accusations against the police
of the district of Villa Mugueta at the time, was attacked by a" hail of
machine-gun fire. (25) " .
7. After being repeatedly threatensd; Attorneys Pedro Galin (26), tfario
Diehl, Rafael J. Perez, Alejandro Teitelbaum, E. Nogueras, Oscar. Habinovich,
S-3178 (a)"
- 3
Mirta Sofia and Carlos A. Gonzalez Gartiand, 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 1*373 the only case on record was that of lies tor Martins, cap-
tured as he was leaving his office on December 16, 1970, accompanied by his
client, Hildo Zenteno. liartins 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 llestor Martins belongs, however, to the past. The cur-
rent political history of Argentina begins with the taking of office by
President_ﾃつ｣amnnra on :1av 25, 1373, in the midst of delirious demonstrations
on the part of the people. From that date on, there are the following cases
on record:
/ (a) the murder of Antonio Deleroni, defence counsel for political detain-
ees and ''Peronista'' militant, and of his coinpanion, Nelida Florentine
Arana, took place on Novejnb^r_22*__1223., in the. city of San Miguel.
Deleroni had been outstanding in his defence of political prisoners
under the military regime and had recently denounced police torture
carried out in the police station of San Miguel. (2G)
According to the 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 pers.ons. Deler-
oni' s companion, upon realising their criminal purpose, placed herself
in front of him and was shot several times. Then Deleroni himself was
repeatedly short and died instantly.
Two policemen who were in a train went off in pursuit of the eri-.
ninal and managed to apprehend and disarm him, He was discovered to
be Ricardo Julio Villanueva, 27 years of a a merrier of the (peronist) Partido Justicialista, and gave his address
as the Superior School of Political Leadership in the capital. The
latter organisation is connected with the powerful metal workers'
union (UOIi) 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 Renublic of Argentina, and stated that he was an
official of the Ministry of Social Welfare. (29) .
(b) On July 31, 1974, at a place in. the centre of the city of Duenos Aires
at about 10.30 p.m., a Member of Congress, Rodolfo 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 Member of Congress was get--
ting out of a taxi with his wife. Three men armed with machine guns
shot him in several places in the head and body. His wife was wounded
also, although not seriously. The murderers got away and there has
I been no news on the results of the investigation. (30) His funeral
| was a gigantic popular demonstration, severely repressed by armed
S-3178 (a)
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
of the continual disorders which took place during the procession (of
mourners), 380 persons had been arrested, of whom 303 ware tried for
contempt, illegal possession of arms and mischievous damage. The rest
were released since they were minors.:: (32)
The demonstrators carried placards on which vias inscribed the old
"Peronista" motto :;La Sangre derramada no sera negociada" ("There shall
be no bargaining with blood that has been shed:;).
At the commemorative session of the Chamber of Representatives,
Rep. Merchensky (FREJULI) _/a political parry, the Frente Justicialista
de Liberacion - Trans^/ stated: "The protection and the safety of Ar-
gentinians are imperilled as- they have never been before in our hist-
ory." (33)
(c) On September 11. 197t, while returning from the distant town of Rio
Gallegos where he had been visiting political prisoners, Alfredo
Curutchet, a 3U-year old lawyer from Cirdoba, 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. (3*0 Para-police groups-'were directly responsible
for the crime. (35) The investigations have led to no results.
(d) On September"27. 197tt. .Dr. Silvio Frondizi was kidiiapped from his son-
ﾃつｦin-law's home in a spectacular commando-:type operation. He was later
found dead in the Ezeiza Recreation Centre. Silvio Frondizi was the
brother of a former President of Argentina and an active defender1 of
political prisoners.
The kidnapping took place in the early afternnon in a busy Buenos
Aires street and involved a number of nersons. Traffic was stopped in
the neighbourhood for fifteen minutes and no-one in authority intervened.
The lawyer's son-in-law, Mr. Luis liendiburu, was'killed by machine-gun
fire when he tried to .protect his father-in-law. Frondizi's wife and a
neighbour were wounded. The AAA claimed responsibility for the acts.
Although the murderers made their getaway in a Ford Falcon with a flat
tyre, the investigations undertaken have yielded no results up to now.
(36)
(e). "Two young women lawyers from Santa F5, Harta Zamaso and Hilda Urquia,
32 and 22 years of age respectively, were found choked to death in a
small creek near the town. They had be^n arrested by the police and
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
feet bound. They were also defence counsel for political prisoners.
9. As a result of these events, the lawyers.'who were-working on political
trials and who 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.
Also several'lawyers otmpXainod that when political prisoners instructed
'legrO ^ounocj of their own choosing, their conditions of detention became
more rigorous.
S-3178 (a)
10. Dr. Antonio Benitez, Minister of Justice, told me that he himself had
been imprisoned in the past for nearly two years without any trial whatso-
ever and without any international organisation concerning-itself with the
matter. The same thing happened with the Minister of the Interior, Dr. Al-
berto Rocamora.
He stated that the lawyers who defended political prisoners were also
militant activists in politics and it was because of their militancy that
some had been killed and others arrested. As regards the latter group, he
stated that the situation of each detainee wcs being examined and that on
the basis of the conclusions reached they would either be released or sent
for trial.
The Minister.stated also that the lawyers were getting fabulous sums
from the guerilla organisations. The police had found the books of the ERP
(The People's Revolutionary Army) showing that a payment of 600 million
(old) pesos had been paid to lawyers. (37)
Dr. Benitez declared also that judges were being intimidated by sub-
versive organisations and often resorted to claiming lack of jurisdiction
over the matter as a delaying tactic in order to avoid having to hand down ﾃつｦ
a decision. (38) The Minister stated that the Government has no knowledge
of activities of para-police groups and that it is ignorant of the identity
of those responsible ror tne attorneys' deaths.
It is a fact that many lawyers are political activists. Dr. Deleroni
belonged to th*> "Peronismo de Base" organisation. (39) Dr. Ortega Pena also
belonged to the "Peronismo de Ease" organisation and \ms a member of the
Government block. (40) In the note issued by Drs. Silvio Frondizi and
Hanuel Gaggero, entitled "Press Conference", in the name of the defence
counsel of the detainees in Cataraarca, it was stated that they, along with
Drs. Julio Marcolli, Jorge ilarca, Alfredo Curutchut, Felipe t'artin and
Rafael Perez, formed that national Central Coirmittee of the Lawyers of FAS,
the "Anti-imperialist Front for Socialism". _ ___
It did not appear, however, that any of these lawyers had engaged in
illegal political activities nor that they were connected with subversive
organisations. The homage paid to Dr. Ortega Pena in the Chamber of Repre-
sentatives and the (useless) guarantees of personal safety given to Dr.
Silvio Frondizi ten days before his death by the Minister of Justice, bear
witness to this.
11. The Buenos Aires Bar Association (College of Advocates) has never
spoken out in defence of lawyers or in favour of defending political pri-
soners. In Buenos Aires (contrary to the practice elsewhere in the country)
lawyers are not obliged to be registered members of the Bar Association. It
is said that the Buenos Aires Bar Association (College of Advocates) is
extremely conservative, opposing compulsory membership and formed of a small
number of practitioners.
The Buenos Aires Association of Advocates is numerically much more im-
portant than the Bar Association, It is in favour of compulsory membership
of the Bar Association and is a moderate body.
The Guild of Advocates, founded in 1971 and today practically non-
existent, was noted for its defence of political prisoners (guerrilla
S-3178 (a)
k-
fighters included), its denunciations of monopolies, and its struggle for
popular demands, as well as for its counselling of trade unions and workers.
It consisted of leftist lawyers-, both "Peronista" and otherwise. All of the
lawyers killed were members of the Guild.- It has twice been'hit'by terror-
ist attacksi Its leaders have disappeared, are under arrest or are in
exile.
ﾃつｦ Part II
The State of Siege
12. At present there is in force over the whole of the national territory
a state of siege decreed by the Executive on Hovenber 6, 197t, during, the
congressional recess.
. The Constitution, of the Republic of Argentina empowers the President
of the P.epublic (Article 83, clause 19) to declare a state of siege in cases
of "internal upheaval" if the Congress is in recess. Congress normally sits
from Hay 1 to September 30 (Article 55 of the Constitution).
The state of sie^e suspends all constitutional guarantees, confers on
the President of the Republic the power to order arrests and transfers of
persons from one place to another within the national territory,, unless they
prefer to leave the country (Article 23 of the Constitution). Under the
Argentinian system, a state of sisge effectively permits the arrest .and de-
tention of any person for an indefinite Deriod of time.
The state of sie^e was decreed after a series of serious attacks, which
were carried out by the rruerrilia groups, the most significant of which are
the "Hontoneros" and the ERP (People's Revolutionary. Army). .
The Subversive Organisations
13. The Hontoneros group, forced in hiding in 1969, is composed of. young
persons with middle class., catholic and nationalist backgrounds. From its
inception it has always been avowedly Peronist, signing its communications
with the motto "PerAn o liuerte'1 C'Feron or Death"). The movement took shape
on the national level with the kidnapping and death of General Pedro E.
Aramburu, former President of Argentina. (HI)
During,.the 1S70 - 1973 period, the organisation undertook innumerable
assaults and attacks (by. the placing of explosives), and receiving growing
support from the Peronist Youth Movement and from General Peron himself who,
on diverse occasions, referred to it as "that marvellous youth who struggles
against military dictatorship with weapons in their hands and who know how
to give their lives-.-for the. Fatherland". (42)
After having begun on this cstholic and populist ideological.foundation,
the Hontoneros gradually became more and more socialist. Its documents ooint
to an evolution towards Marxism, although it is faltering and ill-defined.
In its ideology and in its connection to the Peronist movement, .it is
S-317E (a)
fundamentally distinct from the People's Revolutionary Army
actions, organising the working class so that, after the spread of the armed
conflict, it can take power. In the present political situation its aim is
the overthrow of the present government which is does not recognise as
Peronist. It condemns the Peronist trade union and political leadership as
,:a turn-coat bureaucracy'1.
group
s-are violent (and in this it is not
alone). Its armed manoeuvres consist of: (a) kidnapping officials or own-
ers of lar^e undertakings in order to raise funds; (b) kidnapping officials
or owners of lar^e companies which are in conflict with its own officers, so
as to force the undertakings to yield to the demands of the workers;
(c)'executions by attacks on policemen accused of having tortured or killed
political activists. Similarly, it has eliminated various right-wing
Peronist militants, accusing them of the deaths of some of its own activists.
This came about in connection with the participants in the Ezeiza massacre.
' "ot3T
The hostilities between the government (or rather the official-line
Peronists) and the TJontoneros became more serious after Peron^s^death (on
July 1, 19m). The periodicals Descamisado, Causa Peronista and El Peron-
ista were closed down. The same happened to the newspaper Hotlcias which
was of the same tendency. On September 6, 1974, the Montoneros stated that
they were going underground to take up the armed struggle again "because all
possibilities of legal action have been exhausted". The movement has de-
clared war on the government. Since then it has been credited with a large,
number of acts of violence, such as the murder of trade'union leaders, the
execution of Inspector Villar, chief of the federal police, the kidnapping
and murder of the United States Consul in C6rdoba (44), the kidnapping of
the Born borthers {of the Dowerful Bunge and Born concern), etc.
14. The People's Revolutionary Army (ERP) also cane to the fore during the
military dictatorship as "the amed winp of the Workers' Revolutionary Party
(PRT) at its fifth congress in 1970-71. It had its baptism of fire in the__
operations carried out in Cordoba in June 1971. It is of Trotsjsyite persu-
asion and considers itself the only truly revolutionary movement. (45) It
distinguished itself in certain operations which had wide repercussions and
which it carried off with remarkable efficiency. Thus, for example: there
was the attack on the military garrison at Asul in February 1974. A mili-
tary installation (located some 230 riles from Iiuenos Aires) was occupied,
arms were taken and the second-in-conmand was kidnapped and afterwards kil-
led. About the middle of that year they attacked a military factory in
Villa Maria, a town near Cordoba, and took a r^reat quantity of arms. A fur-
ther spectacular operation in Catamarca was frustrated by chance circum-
stances.
Among the kidnappings of important businessmen, the ERP claims credit
for that of the General '.5anager of Exxon (Argentina), released outside the
country on payment of the fabulous sum of US$14,000,000. (46)
At the present time, the army is carrying out a wide-ranging military
operation in the mountainous region of Tucuman, where it is alleged that
the guerrilla fighters arc- installing their headquarters. (47)
15. There are other groups engaged in subversion. The kidnapping of the
Chief Justice of the Supreme Court of 3uenos Aires, Kut^o Anzoarregui, was
S-3178 (a)
carried out by the FAL, inspired by Che Guevara. It was claimed that through
this kidnapping information was obtained concerning a'rruerrilia fighter in
custody. The fighter in question was finally sent to Peru and the judf.e re-
leased. (ue)
The political violence of the subversives was invoked as justification
for the state of siere. In vie''.' of the impressive succession of murders and.
violent attacks which have taken place recently, the Minister of Labour,
Ricardo Ortero, stated in Posadas "Argentina is now experiencing a time of
war". (Jornal do Brasil, -'arch 26, 1075)
The Activities of the Para-Police Croups
16. This presents the most serious phenomenon in the crisis which Argentina
is underfoinT. That there are para-police groups operating is not open to
-the slightest doubt. (49) The most important and nost remarkable is that
which operates under the name "AAA" (Argentine Anti-Communist Alliance),
whose first oneration was the attempt on the life of the Radical Senator
Solari Irigoyen, in December 1373. (50) This organisation took responsibil-
ity for the majority of the kidnappings, attacks and crines. committed in
recent months in reply.to subversive terrorism.
There is no- proof of the."-ﾃつｰ b^inr; s connection between the AAA. and the
police or the government. Nevertheless, certain sij^nificant facts, can be
mentioned to show, at least, official complacency towards, it:
(a) The absolute immunity of the ri^ht-winr groups. Un to now, except in
the Deleroni case (which was not undertaken by the AAA, but by an inde-
pendent qroup whose executioner vias captured by a combination of fortu-
itous events J none of the innumerable crimes which have been carried
out by rio-ht-winp ^.rouDS has ever been solved.
(b) The elements who form these ^rouis declare themselves to be members of
the federal police and act freely and openly usin^ vehicles which are
not stolen and which very often correspond to the types and makes used
by the police. They are not disturbed by the- public authorities in any
way even if they are carry in1- out operations in full li^ht of, day and
with no particular rush, sn was the case in the kidnappings and deaths
of Atilio Ldpez and Silvio Frondisi, ^nd the raid on the offices, of the
newspaper, Vcz del Interior, amongst others.
(c) A defence of clandestine activities of the police made in an article
published in the official or^an of the Peronist Party, the review Las
Bases, which is managed by a "'"'ftoT' | 'v. T.qpp? Rega. In this article
_^?~ the point of view is ->ut forward that there is no reason to criticise
S police if they resort to illeysl and underground tactics to suppress
illegal and underground groups.
The weekly El Caudillo. of sp obviously totalitarian persuasion,
openly propagandised for violent action against leftist militants, many
of whom were subseouently killed by rirht-wipV commandos (-OrtepaPeria,
Father flupicej Atilio LAnez,. etc).. It maintains the subversives must
die so that the fatherland may live. In its editorials the phrase "the
best enemy is a dead enemy': constantly appears. This periodical always
carries a substantial amount of advertising for the Ministry of Social
Welfare. (51)
S-3178 (a)
^
HE
(d) Lawyers who visited political prisoners received letters threatening
them with death shortly after .their'.visits. In the letter received
by Dr. Horacio F.amiro Vivas, there was an error in one of his christ-
ian names - the same which he had noted on the official authorisation
for his visit and which he presented to the prison guards.
(e) In a document made public on November U, 1974, the families of politi-
cal prisoners denounced an episode which had taken place in the Villa
Devoto prison the week before: the prisoners in a certain ward were
moved out of their cells for a brief time so that these Eight be in-
spected. Upon their return, they found printed on the wails the let-
ters "AAA".
17. The AAA organisation, by means of communiques made to the mass media,
publicly assumed responsibility for various crimes, amongst which are the
murders of the forner chief of Police of Buenos Aires, Julio Troxler, of
the Member of Congress Ortega Pena, of the lawyer Alfredo Curutchet, of the
former Vice-Governor of C6rdoba Atilio L6pez and of Juan Varas, former
Under-Secretary of Commerce of that province. (ﾃつ｣2) It has sent threatening
letters to a great number of persons of the most differing walks of life
and tendencies, among whom are Members of Conqress and Senators (53), judges,
university professors, clerics, -trade union and student leaders and even
actors (54), Such threats were also made against any and all lawyers who
might defend or have defended political prisoners, as already mentioned.
18. Some impressive events and circumstances, only some out of many, merit
special reference, besides the murders of lawyers already described in the
first Part of this study.
On February 18, 1974, a heavy explosive blew up in one of the streets
of central Buenos Aires. It was bein.er carried by Alejandro C-iovenco Romero
iu a brief-case. He lost his arm and subsequently died. It was discovered
that he worked as abody-guard at the Metalworkers' Union and belonged to the
Peronist Youth. He was considered an expert in arms and explosives and
took part in weekly meetings with the President of Argentina, at Olivos, as__
representative of the National Centre of Peronist Youth. (55) There is no
indication that any investigation of the event has taken place. Similarly,
there is no information on what was to be the bomb's distinction.
The kidnappings and attacks are countless in which Fold Falcon auto-
mobiles, sirilar to those used by the federal police, appear. The kidnap-
ping of Dr. Silvio Frondizi has already been mentioned. In that case a car
of this make was abandoned by the perpetrators of the crime, but nothing
was ever heard of it. FordFalcon cars carrying criminals on various other
missions have been noted: at the kidnapping and death of the trade union
leader Carlos 3orroneo Chavez, which took place on. June 17, 1974 (56); at
the shooting of two young men in the Los Perales district of Mataderos (57);
at the attack against the headquarters of the Peronist Youth, First Regional
Office, on June 29, 1974 (58); at the shooting attack acainst a worker on
August 2, 197^1 (59); the kidnapping and death cf Atilio Lopez, former Vice-
Governor of C6rdoba,and of Juan Jose Varas (60); the kidnapping and death
of Eduardo Ambrosio Romero, Villero Peronist Movement militant from Cdrdoba,
on the occasion of President Peron's funeral (61); at the death of Enrique
Kusconi, leader of the Revolutionary Communist Party, on December 7, 1974
(62); at the death of five alleged subversives at Villa Lugano, in Buenos
Aires, on Dember 13, 1974 (63); at the kidnapping and death of Hector Jorge
Cols and Maria del Carmen Raldi on December 12, 197H (64).
S-327B (a)
- 10 -
The kidnappings and deaths of Atllio L6pez and Juan Jose Varas, on
September 16, 1974, are surprising. Both had been staying in a Buenos Aires
hotel since the 11th. Varas had decided to return to C6rdoba.and was going
towards the airport. His name was called over the loudspeakers, but he was
already inside the aeroplane. His disembarkation was requested by the
flight control tower and was authorised by persons claiming to belong to
the Federal Coordination Authority. Then Varas was captured and taken back
to the hotel where Atllio L&pez was staying. There his capturers identified
themselves once again as policemen, went up to L6pez' apartment and brought
him back under arrest and handcuffed along with Varas. They all got into an
automobile and left at high speed. Hours later both corpses were found
drilled with bullet-holes in an open space in sreater Buenos Aires*. There
are other details: in front of the hotel one of the cars was double-parked
and this came to the attention of a patrolman. He, after having spoken to
the occupants of the vehicle, went on his way. Nothing is known of the in-
vestigation, which was supposed to verify this occurrence.
Atilio L6pez was, along with the'then Governor Obregon Cano, deposed
in Cordoba on February 27, 1974, by the then Chief of Police, Colonel'Antonio
Domingo Havarro. Both had been elected and taken office on May 25, 1973,
The President of the Republic pave his support to this illegal act and is-
sued a decree authorising federal intervention in the province. (66) Navarro
attempted to bring to trial some 80 persons who were onﾃつｦthe Governor's staff
charging them with illegal possession of weapons, but the trials were ad-
journed sine die. (67) Criminal charges were brought against Navarro but he
was subsequently pardoned by the President of the Republic. (68)
Many people name Colonel Navarro as an AAA leader.
The attacks against political and activist organisations, trade unions
and their leaders are countless. The kidnappings and murders, many of which
were perpetrated with refined cruelty, are numerous, and- all of them are
fully documented. In 1974 alone more than 300 crimes were committed. (69)
Attacks on the Judiciary
19. It can be stated that virtually all federal judges and magistrates of
the Supreme Court receive threats fror. the AAA if they act leniently towards
persons convicted of subversion.
20. In CArdoba, Judge Carlos Haiberadian was the victim of a grievous as-
sault because he had sentenced 13 policemen to prison terms on their convic-
tion for the death of five officials of the Argentinian Cooperative Associa-
tion (whom in the beginning they had tried to pass off as subversive ).
When, in February 1974, Colonel Havarro deposed the legally elected governor,
the judge's residence was the target of a bombing attack and was partially
destroyed.
On May 28, 1974, he was in his home, by then rebuilt, with two friends
when, towards the end of the evening, he was called on the door phone '{inter-
com system) by persons identifying themselves as from the Governor's proto-
col staff". One of the two friends went downto open the door and was imme-
diately threatened by two persons, carrying automatic weapons, supported by
two other individuals who were in a car. Faced with such an imminent attack
Dr. Haiberadian, having no other exit, jumped out of a window some 18 feet
S-3178 (a)
- 11 -
above ground, onto the patio of a neighbouring house and suffered consider-
able bodily injury. His assaillants, having looked for him throughout the
house and saying that they had come to kill him, left uttering threats.
Some four months later, during which time neither the public authori-
ties nor the police had made the slightest effort to undertake an inquiry,
the person who had answered the door recognised one of the assailants in
a public place. Upon carrying out a personal investigation, he discovered
that the person was a public servant in the security service of the Ministry
of Social Welfare, working on a short-time posting in Cirdoba. Ke further
found out that the attacker belonged to the 'Black Eagle Squadron", a para-
police group whose aim is.to intimidate and liquidate political militants,
which confirmed that it had sought to kill Judge Haiberadian because it
thought him to be connected with leftist Peronist groups. (70)
21. Towards the end of 1974, there was a complete re-shuffle in the judi-
ciary, and judges were given exceptionally favourable incentives to take
early retirement. All of them took.advantage of this and retired, leaving
the field open for new judges.
Arrests
22. There is considerable doubt as to the number of persons presently held
at the Executive's pleasure. The Minister of the Interior, Dr. Alberto
Rocgmora, recently declared that he did not know the exact number, but he
estimated some 700. (71) Dr. Antonio 3enitez, the Minister of Justice,
told me that there were 600 persons under arrest. Antonio Trocolli, Member
of Congress and leader of the Radical Civic Union (UCR) in the House of Re-
presentatives, thinks that the number of prisoners must be in the range of
1,200. The Argentinian Hunan Rights ^eague, in a document to which refer-
ence has already been made, reports that the number of prisoners is estima-
ted at 2,000, but this would seem exaggerated.
Only a small number, certainly not more than 300, have been tried. The
others are in the strange situation of prisoners for an indefinite time not
charged with anything.
Mr. Tr&colli spoke out in favour of a Parliamentary Commission "to
examine the grounds for each arrest so as to judge politically what use is
being made of the emergency powers (state of siege). In this manner it
would be shown that the great majority of arrests have been unfounded and
that consequently those being punished in this manner should be released."
(72) A Provincial Committee of the UCR. in C6rdoba made a public-' protest
against indiscriminate arrests of persons who had nothing to do with sub-
version and against the forcible entry of homes by the police without war-
rant or basis. (73)
23. The situation of the detainees is not a good one.' The national Consti-
tution provides that ,5the nation's prisons shall be healthy and clean, used
for the' security and not for punishment of the criminals housed in them,
and any measures taken on the grounds of preventive action which leads to
the inflicting of anything other than what is required by law,-shall be
brought before the sentencing judge'1 (last Dart of Article 13).
S-3178 (a)
m^t
A Draft General Part of the Penal Code, recently drawn up by a Govern-
ment appointed commission, notes, however,"in its prea;nble'that certain
penal 'establishments contain "often-times sub-human conditions'7. (74) Seri-
ous uprisings hava taken place in the prisons cf Sai"j Nicolas (Buenos Aires
Province) and at Olmos (Rossrio). (75)
It is common'practice'to'move political prisoners from one part of the
country to another, including to penal institutions'located at distant
places 'such."as Rib'Gailegos prison,'scr-a' 1,600 miles from the capital. Many
documents drawn up by organisations of the families of political'fietainees
complain of the appalling conditions in which the prisoners are kept in var-
ious prisons, Villa Devoto in the capital included. (75) The situation at
Rawson, Chubut Province, in far distant Patagonia>is particularly disquiet-
ing. Political prisoners started being sent there on December 14; 1974, and
according to rumour there are about 140 prisoners in Rawson.
Political prisoners cone under 3 regulation issued on May 14; 1963,
which, provides that lawyers iray see prisoners but have no physical contact
with them and meetings must take place in visiting rooms "under, direct and
watchful supervision, undertaken for reaccr.s of security" (s. 10).
Torture of Political Prisoners
24. Cases of proven torture of political prisoners are common. While I
was in Buenos Airss, the- papers published a statement of former President
Arturo Frondizi to the effect that 7!it will not have escaped anyone's notice
that torture is almost becoming an institution in our country.- If on the
one hand the terrible .degradation of torture- is not. fought against, no at-
. tempt can be made at "r.irtirpctir.g that oilier terrible degradation consisting
of the death of innocent people'in guerrilla warfare." (77)
There exist mny reports' of torture which have been written by politi-
cal prisoners with minute s'nd detailed descriptions of the sufferings to
which they, were subjected.
the torture''inflicted'by the police or Eusebio de Jesus Maestre and
Luiza Galli do Plctkovthi, arrested en April 17, 1974, have been proved by
an official medicoI expert report, as well as those inflicted on Alberto
Miguel Campos, and Rosa iiaria Paroas, -rrrusted on the 19th of that month. (78)
At the press conference held by the counsel for the defence'of the pri-
soners in Catamarca on August 10, 19.74, it was stated that all of the pri-
soners had been subjected to horrible .torture including drugs.' The prison-
ers were examined by a nedical board formed of seven doctors appointed by
the Catamarca tledical Association, which found that they had been the vic-
tims of torture including electric shocks and long privation of water and
food.
The .Chamber of Representatives .of Tucuman, through .a Commission of En-
quiry, accused 54 high-ranking heads of the provincial police of ill-treat-
ment of political detain^.ec- Tha torture practiced on seven, persons ar-
rested ..in Tucuman on September 27., 1374 (Castrc, Tumini, Geraud, De Bene-
detti, Psipodas and ?'ieloni) (79) has been judicially proved.
S-3178 (a)
- 13 -
Similarly, in Santa Fe the.coroner proved that labour leader Ovidio
Valentin Granetto and the young Oscar Herbetta had been subjected to tor-
ture. (80)
Freedom of the Press
.25. From July 1973, the circulation of various periodicals and newspapers
.(El Mundo,..Noticias, Respuesta. Popular, La Calle and Cr'&nica) and reviews
(El Bescamisado, Militancia., "La Causa' Peronista, I>e- Frente, El Peronista,
Cabildo) has been prohibited by Government decree.'
ﾃつｦ Some of these periodicals were associated with the revolutionary side
of. Peronism, such' as t-tilitancia, El Descamisado and Se Frente, journals'
directly bound up with the Peronis.t Youttv Movement. I'oticias and La Causa
Peronista,. closed down ori"August 27',' 1974, and September 6, 1974,- respect-
ively, were: unofficial organs' of the Montoneros. The: review Cab'ildo was
anti-Peronist, notoriously pro-totalitarian' and right-wing "nationalist. -"
All of these periodicals "were closed"down by decision of the'Executive
without any attempt at recourse to judicial proceedings ^through which legal
sanctions .mijaftt ultimately have been imposed.
Various journals were the victims of bombirigs and'machine-gun-attacks
(El i-iundo, Voz del Interior, Hotlcias, Voz Serrana). The most serious oc-
currence tq.be recalled is the raid on the traditional C6rdoban daily, Voz
del Interior, whose offices were overrun by 50 men'for "two hours, without
the slightest intervention.on the part of the police. ' "It is alleged that
some time later a Minister of.the Provincial Government, Garcia Lavalj
handed the newspaper's manager' a list of those participating'in the'crime.
There are records of diverse arrests and attempted kidnappings-and
murders of journalists... These events were fully described in the newspapers.
It is also alleged that the' commercial press i3-fairly cautious in- its ----
criticism of the government. This'is because it needs official advertising
(which is the monopoly of the Telam Official Agency and is used as a"means
of pressure, over the press) and furthermore it is necessary to assure it-
self of a license to import newsprint, since there is none produced nation-
ally- . . " ' '" ? :'- - ﾃつｦ'.'-ﾃつｦﾃつｦ-
The Buenos Aires Lawyers' Association protested against the'closure of
periodicals,by Executive intervention (81). The Argentinian Association of
Journalists'. Groups (ADEPA) at a recent meeting, called for the "restoration
of the freedom of the .press "so severely compromised ^"Argentina in recent
.times". (82) ' ' ' ﾃつｦ ~ :.':ﾃつｦ..ﾃつｦ : '?ﾃつｦ-ﾃつｦ ﾃつｦ'
S-3178 (a)
- 14 -
APPENDIX
Penal Legislation
1. On the taking over of power by th= new government on May 25, 1973,
when Dr. Canpora assumed the office of President,- Act. Mo. 20509 was imme-
diately passed, revoking all penal laws which..ha_d not been .duly enacted by
the National Congress and reviving the provisions in-force at the time of
the issuance of the laws and legislative decrees which were thus repealed.
Exceptions were cade in respect of the amendments to the Penal Code introduced
by Acts 17567 and 18934 in sections 173 (7) (fraudulent management) and
11 (bargaining over aquired contractual rights); .5. 179 (2) (fraudulent
bankruptcy); s. 190 (shipwrecks, running aground and airplane disasters);
"s. 194 (interruption of public transport and services); s. 198 (piracy at
sea and on navigable rivers and high-jacking) and 175(bis) (usury). .Excep-
tions" were also made in respect of the abrogation of Acts IJos. 19359 and
20184 (exchange), 17250 (national provident funds) and 18247 (promotion and
development' of "exports), which thus remain in force.
2. The government was authorised to set up a Penal Law Reform -Commission
and it submitted a General Part of the Penal Code, towards the end of last
year.
3. It is alleged that not all of the repressive laws were repealed on
May 26, 1973. There remained in "force those establishing the CONASE (Secu-
rity Council);, the CQjIADr (Development Council), the COHES end the,CONALYT,
amongst other's'^ thus empowering the Executive to intervene -.in the. political
economic and social life of every sector of the country in a totalitarian
fashion. (1)
4. On January 28, 1974, an Act presented in Bill- form by the Executive
was passed introducing various amendments to the Penal Code relating to
crimes against the person and activities connected with subversion (Act Mo.
20642). ﾃつｦ'
This law was passed over the strong opposition of all of the left-wing
elements. It increases - in some cases drastically - the penal consequences
of certain crimes-, kidnapping, extortion, incitement to crime, illicit as-
sociation (which is now punishable by imprisonment of from 3 to 10 years,
with a minimum sentence for leaders or organisers of- 5 years), public inti-
midation, the organisation of or participation in :an association which at-
tacks public order (making membership in such an association punishable by
imprisonment for a term of 3 to 8 years), sedition. The same .Act creates
nev; types of crime also: threats, extortion by kidnapping, the manufacture,
possession or supplying of explosive, incendiary, asphyxiating or toxic
substances or mechanisms for the purpose of disturbing public security, the
falsification of motor vehicle ownership and driving permits. (2)
As a result of the increase in sentences several crimes can no longer
give rise to bail applications. The latter have in any case been modified
by Act. No. 20516 of July 6, 1973.
The Radical Civic Union (UCR), main opposition party, was also totally
opposed to the proposed Penal Code Amendments, claiming that such reforms
S-3I78 (a)
ﾃつｦ- 15--
were attempting to re-introduce many of the aspects of the repressive legis-
lation which had been repealed on May 26, 1973. It also made the point that
the measures were unnecessary ;'since the government already has all consti-
tutional and legal powers for combatting subversion and violence". (3)
5. On September 30,.1974, a Security Act was passed, punishing subversive
, activities, of any kind.
This law (Act No. 20840) punishes with imprisonment of from 3.-8 years
?whoever,r.for- the purpose of bringing to fruition his ideological tenets, at-
tempts'or encourages by any means whatsoever the ﾃつｦalteration or suppression
:of the established order .and.the social peace of the nation, in a manner not
established in the National. Constitution or legal provisions regulating /the
political, economic and social life of the nation (section 1). -i
ﾃつｦ^-Those who engage in.the distribution, propagation or diffusion of mate-
rials tending to indoctrinate, or who seek to convert or "instruct on matters
relating to.any.conduct prohibited under section 1, can be punished by pri-
son terms ranging.from 2 to 6 years; anyone publicly"defending such crimes,
; their perpetrators or collaborators; anyone having the- authority to exhibit,
print, publish, reproduce, distribute or supply by whatever meansj printed
or enrpraved material, through which facts, communications or pictures of
conduct prohibited by section 1 are made public; :-anyone'having .under his
control or authority telecommunications equipment for transmitting without
lawful authorisation and anyone using such equipment or abetting anyone else
in the use of without lawful excuse, are all similarly punishable.
- This Act also punishes the use or possession of emblems, insignia or
badges standing for notoriously subversive organisations with from 2-5 years
imprisonment and the sane penalty is provided for editors and publishers of
any kind of publication, radio or television managers and broadcasters or
those responsible for any means.of communication which propagates informa-
tion or facts, pictures or any sort of communication concerning-the conduct
described in.section 1. (4)
A penalty, of from .1 to .3 years imprisonment is also provided for insti-
gating the breach of obligations imposed by an award declaring' a'strike il-
ﾃつｦ legal. Industrial sabotage is also punishable when it is undertaken vith
guilty intent.
The crimes covered by this Act are under federal jurisdiction and bail
procedures and suspended sentences are not applicable.
ﾃつｦ6i- : The,Buenos Aires Lawyers * Association protested against the Security
Act^.jStating that it made the holding of opinions-a crime with the widest and
most indiscriminate parameters, covering all types and means of'? creative and
ﾃつｦ'communicated, .thought, thus restricting constitutional-f^uaranteesi The Asso-
ciation further declared in its.protest that the extent of penalties includ-
,vijig additional sanctions such as the compulsory deportation of a foreign
national-and the withdrawal of his papers, amounts to a system of rigorous
and indiscriminate repression which can in no way contribute to..a process
of national pacification and the elimination of terrorism. Moreover, the
repression provided for in cases where labour conflicts were declared .illegal
was alleged to be in violation of guarantees laid down in the Constitution.
S-3178 (a)
- 16 -
FOOTNOTES
ﾃつｦ?(1) Arrested.on Noveriier 1, 1974. President of the Mar del Plata Section
of the Argentine League for Human Rifih-s and Vice-Chairman of the
National Executive Council of this body, lumber of" the Intransigeant
Party.
(2) Arrested in C6rdoba and handed over to the Federal Coordination Force.
(3) Former adviser to the Ministry of the. Provincial Government of Santa
' Cruz. Arrested on .llovember. 12, 1971.' Member of the Intetrrationist
Development Movement.
(4) Arrested on November 19. 1974. Member of the (Peronist). Partido Justi-
cialista.' '.'*''
(5) Former judge of the Supreme Court of Salta. ' Arrested in his office on
- November 28, 1974/ the date on which federal intervention in the Pro-
vince became effective. Now in prison at Villa Devoto, Buenos Aires.
(6) Detained in Catamarca.
. (7) Solicitor for the Popular Leftist Front of Cordoba.
(8) Arrested in iiendoza on March 5, 1975.
(9) Arrested on Ho.vember 1, 197*4. President of the TucumSri Section of the
-.Argentine .League for Human Rights. Member of the Communist Party
Xwhich is legally recognised).
(10) Arrested in La Plata on November 13, 1974.
(11) Member of the Peronist Youth Movement, arrested in Bahia Blanca.
(12) . Member of the (Peronist) Partido Justicialista, arrested in-Bahia Blanca.
(13) Fonner Minister and former Secretary of the San Luis Peronist Congress.
(14), Under arrest since November 21, 1974, in Rosario.
(15) Member of the Socialist Uorkers Party.
(16) As to,the arrest of Susana Aguad, Susana Buconic and Abraham Kozak at
C6rdoba on December 2, 1974, see La Voz del Interior (December 3, 1974).
This paper also reports on the police's forcible entry of"tile law of-
fice of Ronald Troncoso. Susana Aguad, Susana Buconic and Abraham
Kozak were counsel acting for woi-'kers and political detainees (La Voz
del Interior, December 19, 1974). The "well-known Peronist militancy"
of Hiss Buconic was mentioned (La Voz del Interior, December 4," 1974).
(17) Cf. La Voz del Interior, December l7, 1974.
S-3178 (a)
- 17 -
(18) "To the Nation'VSarch 22, 1975: mfe'are of the opinion that the deten-
J tion of the' colleagues named and "the- Decree instituting the State of
Siet^e responsible for-such detention', constitute a flagrant .injustice
to the manner in which they have altvays -carried out their .profession."
(19) La Hacion, April 5, 1974.
(20) El Cronista Conercial, Hay 16, 1974.
(21) Moticias, August' 6, 1974.' '-ﾃつｦ
(22) La Hacion, July 18, 1974, and Moticias, July ie, 1974, both with photo-
graphs.
(23) Vide the document "El Regimen Democratico Peligra en la Argentina" (The
Danger of the Democratic Regime in Argentina) drawn up by the Argentine
League for Hucan Rights, January 2^-1975, p. 8. .The Buenos Aires Law-
yers' Association had a protest published (Duenos Aires Lawyers' Asso-
- ... ' ciation-'AABA -Bulletin, No. 323, Sept ember 1974).
(24) See the energetic protest made by the Buenos Aires Lawyers' Association
on September 6, 1974, and published in its Bulletin.
(25) La Naci6n, January 2, 1971.
(26) This lawyer was arrested during June 1974. He was Secretary-General of
the Lawyers' Guild. :Cf. El Cronista Comercjalj, June.7, 1974.
(27) The investigation was discontinued for want of evidence. El Cronista
Comercial, December 1, 1973.
(28) ' El Mundo, October 24', 1973'.
(29) See the full report of the newspaper El Hundo, November'28, 29'and 30,
ﾃつｦ 1973, as well as Hoticias of November 30,. 1973. ﾃつｦ ""
(30) Rodolfo Ortega Peiia was engaged'in extensive political activity. He
had taken up office as a national Congressman about four months earlier,
"replacing a I'enber who had resigned because of disagreement over the'
Penal Code reforms.- He was a menber of FREJULI (Frente Justicialista
de Liberaci6n - The Just Liberation Front) of- the Government block. He
was a manager of the. review tlilltancia, closed down by- the Government
in April 1974, cf. Moticias, June 21, 1974. There is a complete des-
cription of the crime in Moticias, August 2, 1974.
(31) Vide Hotlcias, August 3, 1974, with full .photo coverage ("The Villar
Funeral"); La Voz del Interior, August 3, 1974.
(32)' Moticias, August 4, 1974.
(33) Diario del Sesiones (i.e. the Congressional Record), August 1, 1974.
(34) Cordoba, September 13, 1974. This type of vehicle is used by the Fed-
eral Police and has been connected with innumerable .violent acts, to
which reference will be made below. '"ii-ﾃつｦﾃつｦﾃつｦﾃつｦﾃつｦ:'
S-3178 (a)
- 18 -
(35) See Cordoba,, September 13, 1974, various statements. Curutchet had
been.imprisoned over soroe considerable period under the military dic-
tatorships both in the prison of Villa Devoto and in Rswson in Pata-
gonia. See the Petition published on September 12, 1974, by the
Cordoba Fighting Trade Union. Organisation.
(36) See a full description of the facts in El Cronista Coraercial, Septem-
ber 28, 1974.
(37) It would seem that this assertion is inconsistent with the alleged
political militancy of the lawyers.
(38) Some judges interviewed on this matter stated that the legislation on
procedure, as respects jurisdiction, is in chaos.
(39) The review Muevo Hombre, first half of December 1973, records the
political activity of this''lawyer.
(40) .He directed along with Dr. Eduardo L. Duhalde, the review Hilitancia-
closed down in April 1974. Cf. Cronica, June 19, 1974,: and iloticjas,
August 21, 1974.
(41) The organisation justified the occurrence (taking place on Harch 29,
1970) by stating that Aramburu was responsible for the shooting of
27 Peronists, after the revolution on June 9, 1956. . ﾃつｦﾃつｦ....-.-
(42) When he was elected President, General Peron confronted the tiontoneros,
calling them "stupid, smooth-chinned and mercenary youths''.- This took
place at a meeting held on May 1, 1974, at the Plaza de Mayo.
(43)- On June 20, 1973, as General Peron was returning to Argentina, a viol-
ent conflict between Peronist extremists took place in the woods sur-
rounding Ezeiza airport, which resulted in dozens of.deaths a^d wound-
ings. Inexplicably, the police made no move to intervene and there
has never been an official report on the matter. The event, of the
greatest seriousness, seers to have been the signal for a irave of
violence which has been going on ever since.
(44) The kidnapping was undertaken to force the government to bring into
the open various nilitants who had simply disappeared. As there was
no official response, the Consul was murdered and his body was found
rolled in the flag of the ilontoneros to which were glued the portraits
of the militants who had disappeared.
(45) For the ERP, the Hontoneros do not constitute a revolutionary move-
ment but rather a petty-bourgeois one. Cf. Cuestionario, March 1975.
(46) CuestionArio, Jlarch 1975. ﾃつｦ Anions, the kidnappings of millionaires, that
of the General Manager of FIAT should be mentioned. Common criminals
have also begun to Dractise extortion by kidnapping. According to
the Minister, Mr. Benitez, at present of every 10 kidnappings only 3
are political. --'ﾃつｦﾃつｦ ﾃつｦ . ﾃつｦ
(47) Cuestionario, March 1975: ;'Que hay en Tucuman?:: (;".Fhat is-woing'on
.'..in Tucuman?"). "ﾃつｦ - ﾃつｦ-ﾃつｦ''-'
S-3178 (a)
- 19 -
(48) The events took place while I was in .Buenos Aires. Upon his; release,
the judtre sent a letter to the court over which he presided, stating
that he had been kidnapped "for the sole purpose of. forcing an expla-
ﾃつｦ nation to "be "piven of the whereabouts of Sergio Schneider, arrested
by federal agents, and of whom there had been no news. This was made.
known to me while I was being held and I was properly treated/', El
Cronista Comercial, March 7,' 1975; La Naci&n, March" 7, "1975.
(49) In an article published in the review Las Bases in 1972, General Peron
himself stated "that para-police organisations, recruited and trained
by persons in the military and in the police, are 'operating in Argen-
ﾃつｦ -ﾃつｦ- .: tina". Cf. El iiundo, Harch 6,... 1974,
-X50) Senator; Irigoyen was seriously wounded by the explosion of a bomb
..-. ..placed in ..his. car. ......
(51) El Caudillo, Harch 5, 1975. " " ' '
(52) La Voz del Interior, September 22, 1974.
(53) Member of Congress, Rodolfo Oscar Vittar and Roberto Vidaiia (of Cirdoba
province), Armando Daniel Croato and Carlos Miguel Kunkel (of Buenos
Aires) protested against the receipt of threatening letters signed by
.the AAA. The same happened to other parliamentarians, amongst them
Members of Congress Jorge Omar Viale and Jesfis ilira.' Senator Solari
Irigoyen, before the assault which, he. suffered, had also received a
threatening letter. Member of Conrress Hector Sandler was threatened
for "being'the counsel to the ERP mercenaries j:. Cf. La Voz del Inter-
ior, September 17, 1974.
(54) Clarin, September 26, 1974; Cronica, September 25', 1974; La Opinion,
September 27, 1974. In a press release the AAA stated that .the artists
' Nonran Briski, Nacha Guevara, Hector"Alterio, Luiz Srandoni and HoraCio-
Guarany were condemned to death because'."high command had noted their
anti-social activities in favour of Marxism"in' the artistic milieu".
(55) See the newsrjapers of February 18, 1974, and Asi of February 22., 1974,
with full reports on Giovenco, his activities and crimes.
(55) ' El Cronista Comercial, June 18, 1974.
(57) Hotleias, June 23, 1974.
(58) Motlcias, I5ay 30, 1974.
(59) MotJcias, August 5, 1974.
(60) Asi., September 20, 1974. ' ;"
(61) Hoticias, August 22, 1974.
(62) La Voz del Interior, August 8, 1974.
(63) La Voz del Interior, December 14, 1974.
S-3178 (a)
- 20 -
(64) La Calle, December It, 1974
(65) El Cronista Comercial, September 18, 1974;. La Voz del Interior,
September 20, 1974; Asd, September 20, 1974.
(66) Hoticias? liarch 2, 1974; La Opini&n, March 2, 1974..
(67) La Kacion, May 17, 197U.
(68) La Voz del Interior, Hay 30, 1974.
(69) See the document "CI Regimen DemocrAtico Peligra en la Argentina"
(The Danger of the Democratic Regirae in Argentina) published by the
Argentine League for Human Rights on January 2, 1975. The chronology
of events between the 1st and the 15th of December, here only excerp-
ted, is impressive.
(70) See on this matter, El Hundo, February 6, 1974; El Cronista Comer-
cial, February 19, 1974; La Voz del.Interior, Hay 30, 1974, and Asi,
June 7, 1974.
(71) La Hacion, March 7, 1975.
(72) La Calle ^.December 17, 1974
(73) . .La Voz. -del Interior, December 12, 1974.
(74) Draft General Part of the Penal Code, Buenos Aires, 1974, p. 8. See
the charges made by a prison chaplain in Hoticias, August 6, 1974
(VThe disgraceful conditions in prisons").
(75) Asi, June 29, 1973.
(76) See the publication Political Prisoners under the State of Siege:
Arrest or Punishment? ("Presos Politicos por el Estado de Sitio: Ar-
resto o cumplimiento de nena?"), published by the Argentine League
for Human Rights.
(77) La Raz6n, March 11, 197S.
(78) El Cronista Comercial,- May 10, 1974; El Peronista, May 14, 1975.
(79) See also Noticias, August 25, 1974.
(80) De Frente, Ho. 7, p. 11 (June 20, 1974).
(81) Boletin, Ho. 325, Nover.ber 1974.
(82) Jornal do Brasil, March 23, 1975.
A A ?*(
S-3178 (a)
- 21 -
FOOTNOTES to APPENDIX
"The Danger of the democratic Regime in Argentina'5, cjt. supra.
Cf. La Naci6n, January 25, 1974.
La Hacion, January 11, 1974.
The People's Revolutionary Arroy was declared illegal by Decree No.
1454 (1973), by the then President Raul Lastiri. The press may not
publish the name ERP nor the name Montoneros. The former is always
referred to as "the outlawed organisation^ and the latter as "the
organisation which went underground". Cf. Cuestionario, Mo. 23
(March 1975).
(a)