Representatives some victims asked on Thursday the death penalty to TOF 1 of that city. It is under the process that follows the former de facto president and 30 other defendants accused of crimes against humanity
The Federal Court No. 1 of Córdoba resumed on Thursday the hearing of arguments in the trial against former facto president Jorge Rafael Videla and thirty other defendants for crimes against humanity committed during the last military government.
then the penalties requested by the complaints filed his statement:
Of the complaints represented by lawyers Claudio Orosz, Martin Frese, Elvio Zanotti and the imposition of torture and killings of the victims: Paul Balustra; Jose Svaguza and Mozé and José Miguel Funes
Cristian Jorge Rafael Videla
"In fact nominated third (about Moze, Svagusa and Balustra) fourth and thirteenth as the author of imposition of aggravated torments: art. 144 ter., 1st. Paragraph of the Penal Code, with the added provisions in the 2nd paragraph of the same law (Law 21388) .- political prisoner and persecuted victim. "
" Aggravated homicide: art. 80, incs. 2 and 6 of the Criminal Code, set to be applied by treachery and aggravated by the number of partners in its implementation. Remark as a civil servant within the meaning of art. Cp 77. And the condition of prisoners and victims of political persecution, the helplessness of the victims and the absence of danger to the authors of his death. "
" All these crimes are covered by the Argentine penal code both at the time of the acts have been committed so far. As already mentioned these behaviors have been conducted within the framework of a systematic and widespread persecution and extermination that transformed these inalienable for crimes in the context of genocide as established by the Assembly of nations about the persecution together with ethnic, racial, religious and national politicians. "
"These are serious events is enormous extent of damage, just listen to the bereaved, to realize it."
"We understand that we are dealing with a public official who has known the Judiciary of the nation and asked to be judged by their peers, has never shown remorse and regret for what terrible crimes. "
" Never before has collaborated with terminating the effects of crimes committed by at least indicating where lie the remains the thousands of murdered and disappeared in this specific case, their attitude contribute to elucidation finishing procedure, recognizing their responsibilities, though the law grants the privilege to not told their victims. "
" Consequently only we should be asking about the effective prison treatment common jail, and request a sentence of life imprisonment and perpetual disqualification and the ancillary law. "
Luciano Benjamin Menendez
" In fact nominated third (about Moze, Svagusa and Balustra), fourth and thirteenth as the author of taxation aggravated torments: art. 144 ter., 1st. Paragraph of the Penal Code, with the added provisions in the 2nd paragraph of the same law (Law 21388) .- political prisoner and persecuted victim. "
" Aggravated homicide: art. 80, incs. 2 and 6 of the Criminal Code, set to be applied by treachery and aggravated by the number of partners in its implementation. "
" All such material as the real contest rules art. 55 cp. We remark
as a civil servant within the meaning of art. Cp 77. And the condition of prisoners and political refugees of the victims, the helplessness of the victims and lack of danger to the perpetrators. "
" All these crimes are covered by the Argentine penal code both at the time of the acts have been committed so far. As already mentioned these behaviors have been conducted within the framework of a systematic and widespread persecution and extermination that transformed these inalienable for crimes in the context of genocide as established the United Nations General Assembly with regard to ethnic persecution , racial, national, religious and political. "
" serious are the facts, it's huge expansion damage, just listen to the bereaved, to realize it. "
" We understand that we are dealing with a public official who has known the judiciary of the nation and asked to be judged by their peers, never has shown remorse and regret for the terrible crimes committed. "
" Never before has collaborated with terminating the effects of crimes committed by at least indicating where the remains of thousands of murdered and disappeared in this specific case , contributing to elucidate its procedural attitude finishing, recognizing their responsibilities, although the law gives them the privilege to which did not have its victims. "
" Therefore we can only ask about the effective correctional treatment in common jail, and ask imprisonment and perpetual disqualification and the ancillary law. "
Vicente Meli
"In fact nominated third (about Balustra) and thirteenth (with the clarification regarding the nominees made only by the third party in relation to the principal of Drs. Zanotti and Luque who have already embraced this order, if José Cristian Funes and our representation in the case Paul Balustra only), as well as by three facts on which we submit "
Carlos Mauricio
Poncet, Raul Eduardo Fierro, Jorge González Navarro
" By command of fact and control of the will, in organized power typically rated as the imposition of torture aggravated: art. 144 ter., 1st. Paragraph of the Penal Code, with the added provisions in the 2nd paragraph of the same law (Law 21388) .- political prisoner and persecuted victim "
" Aggravated homicide: art . 80, incs. 2 and 6 of the Criminal Code, set to be applied by treachery and aggravated by the number of partners in its implementation.
All such material as the real contest rules art. 55 cc. "
" We stress the quality of public servants in terms of art. Cp 77. And the condition of prisoners and victims of political persecution, the helplessness of the victims and the lack of danger to the perpetrators. "
" All these crimes are covered by the Argentine Penal Code both date of the acts have been committed so far. As already mentioned these behaviors have been conducted within the framework of a systematic and widespread persecution and extermination that transformed these inalienable for crimes in the context of genocide as established the United Nations General Assembly with regard to persecution on ethnic, racial, national, religious and political. "
" These are serious events is enormous extent of damage, suffice listen to the bereaved, to realize it. "
" We understand that we are dealing with public officials, which has ignored the judiciary of the nation and asked to be judged by their peers, has never shown remorse and repentance for the terrible crimes committed. "
" Never ever have collaborated with terminating the effects of crimes committed by at least indicating where the remains of thousands of murdered and disappeared in this specific case, their attitude contribute to elucidation finishing procedure, recognizing their responsibilities, although the law gives them that privilege which did not have its victims. "
" Therefore we can only ask about them effective correctional treatment in common jail, and sentence of life imprisonment and perpetual disqualification and the ancillary law. "
John Huber and Victor Cano Pino
"In connection with the third done (about Moze, Svagusa and Balustra). By command of fact and control of the will in organized power typically rated as the imposition of aggravated torments: art. 144 ter., 1st. Paragraph of the Penal Code, with the added provisions in the 2nd paragraph of the same law (Law 21338) .- political prisoner and persecuted victim. Four events, all such material under the rules of the art real competition. 55 cc. "
" We stress the quality of public servants in terms of art. Cp 77. And the condition of prisoners and victims of political persecution. The helplessness of the victims and the lack of danger to the perpetrators. "
" All these crimes are covered by the Argentine penal code both at the time of the acts have been committed so far. As already mentioned these behaviors have been conducted within the framework of a systematic and widespread persecution and extermination that transformed these inalienable for crimes in the context of genocide as established the United Nations General Assembly with regard to ethnic persecution , racial, national, religious and political. "
" serious are the facts, it is huge extent of damage, just listen to the bereaved, to realize it. "
"We understand that we are dealing with public officials who have ignored the judiciary of the nation and asked to be judged by their peers, has never shown remorse and regret for the terrible crimes committed."
"Never ever have worked with terminating the effects of crimes committed by at least indicating where the remains of thousands of murdered and disappeared in this specific case, their attitude contribute to elucidation finishing procedure, recognizing their responsibilities, either The law gives them this privilege which did not have its victims. "
"Therefore we can only ask about them effective correctional treatment in the common prison. The contest has mentioned material criminal scale from 3 to 25 years."
"Accordingly, and mindful that as rightly says Hanna Arendt in her book "Eichmann in Jerusalem" by citing the ruling of the case says: "... but in a crime so vast and complicated as the present one, involving many individuals located at different levels and in activity diverse nature, planners, organizers and executors, each according to his rank, "is of little use to use the common concepts of instigation and commission advice of a crime. These crimes were committed en masse, not only as it relates to victims, but also with regard to the number of those who perpetrated the crime, and more or less remote location of many criminals in relation to that physically kills the victim no means as measures of responsibility. By contrast, in general, the degree of responsibility increases as we move away from the man who holds in his hand a fatal instrument ... "p. 359.
"request for treatment prison sentence of 25 years imprisonment and perpetual disqualification and ancillary legislation."
Gustavo Adolfo Alsina, Enrique Pedro Mones Ruiz, Miguel Angel Perez, Carlos Perez and Jose Antonio Hibar Paredes
"Regarding the third factor (with respect to Moze, Svagusa and Balustra) as perpetrators and made functional domain. "
" Imposing aggravated torments: art. 144 ter., 1st. Paragraph of the penal code, with the added provisions in the 2nd paragraph of the same law (Law 21338) .- prisoner and victim of political persecution. Four events, all such material under the rules of the art real competition. 55 cc. "
" We stress the quality of public servants in terms Art. Cp 77. And the condition of prisoners and victims of political persecution. All these crimes are covered by the Argentine Criminal Code as to the date of the acts have been committed so far. As already mentioned these behaviors have been conducted within the framework of a systematic and widespread persecution and extermination that transformed these inalienable for crimes in the context of genocide as established the United Nations General Assembly with regard to ethnic persecution , racial, national, religious and political. "
" serious are the facts, it is huge extent of damage, just listen the bereaved, to realize it. "
" We understand that we are dealing with public officials, which has ignored the judiciary of the nation and asked to be judged by their peers, has never shown remorse and repentance for the terrible crimes committed. "
" Never before has collaborated with terminating the effects of crimes committed in this specific case, their attitude contribute to elucidation finishing procedure, recognizing their responsibilities, although the law gives them that privilege which did not have its victims. "
" Therefore we can only ask about them effective correctional treatment in the common jail. The competition brings the material referred to criminal scale from 3 to 25 years. "
" Specifically for Gustavo Adolfo Alsina, Enrique Pedro Mones Ruiz, official leadership over their subordinates and subordinates, we request the penalty of twenty years imprisonment and perpetual disqualification to the accessories of law. "
" Hibar Carlos Perez and Jose Antonio Paredes request a sentence of 18 years imprisonment and perpetual disqualification to the accessories of law. "
"Regarding the Miguel Angel Perez and defendant solely because we value in its favor during the hearing at least has apologized to the families of the victims, we believe that the sentence in his case should be that of 15 years imprisonment, perpetual disqualification and complete with the accessories of law. "
" With respect to Carlos Yanicelli, Miguel Angel Gomez, Juan Eduardo Molina, Calixto Flores, Yamil Jabour, Luis Lucero sought treatment in ordinary prison, life imprisonment, and perpetual absolute disqualification. "
This lawsuit does not accuse the police Ricardo Rocha and Marcelo Luna Cayetano
In the lawsuit represented by counsel Lyllan Luque, who set the penalty sought by the death of José Cristian Funes
"Adhering to each and every one of the considerations made earlier regarding attribution of responsibility for the domain theory domain made by organized power, establishing command responsibility cases, immediate, and the legal qualification given to the fact the third, as will the seventh below. "
"Because third victim which was requested José Cristian Funes watch the following minimum sentences and maximum allowed the offense, taking into account that we are witnessing a crime that can only make public officials against prisoners, which in this case are also politically persecuted. "
" 15 years' imprisonment, disqualification absolute and perpetual with ancillary bill of Jorge Rafael Videla, Luciano Benjamin Menendez, Vincent Meli, Mauricio Poncet, Raul Fierro, Jorge Gonzalez Navarro, Victor Cano Pino, Juan Emilio Huber, Gustavo Adolfo Alsina and Enrique Pedro Mones Ruiz. "
"14 years imprisonment and perpetual disqualification to ancillary bill to Carlos Perez and Miguel Angel Hibar Doe "
" 12 years' imprisonment and perpetual disqualification to ancillary bill to José Antonio Paredes. "
" Regarding the fact nominated seventh victim of the late Joseph Christian Funes, legally qualified as murder aggravated by cruelty and the participation of two or more people, according to the crime mentioned by Dr. Orosz, regarding Jorge Rafael Videla, Luciano Benjamin Menendez, Vincent Meli, Mauricio Poncet, Raul Fierro, Jorge González Navarro, ask for the penalty life imprisonment and perpetual disqualification to ancillary law. "
Case of Ruben Arroyo
After a recess, presented his case Rubén Arroyo, representing the family of the victim Raul Augusto Bauducco (Acts III and VIII of the cause). Then part of his statement:
"Diego Bauducco and his wife were kidnapped along with his wife on November 20, 1975. She had been an architect at age 24. Were transferred to the D2 and there were a week. She was six months pregnant. "
" We'll have to talk about that law, because the Public Ministry asked Dora Caffieri in this debate if he believed in justice. A very timely question, because when he declared in 1975, were never told what crime they were accused. Or the Code in force at that time and with the changes they made in 1981. Neither before nor after the only thing he said, as recorded in the minutes of the inquisitive statement is that it was investigating because of the criminal activities of her husband. "
" at that time assisted by defender Maid officer was later, Ricardo Haro, Zamboni Bauducco Ledesma asked why his home was raided and why he was arrested. That would allow the defender Haro. "
"But the investigation of Dora Caffieri of Bauducco contains a greater irregularity. The subtext is placed between the lines 'the processed requests hearing to denounce the theft that occurred in her house and also the torture he suffered'. "
" You have experience and I do not think they see a person being inquired into having to ask for another hearing to denounce the mistreatment. "
" His counsel was present and advised him not to request such a hearing because the statement was in the police everything was going to go faster. "
" So asked Dr. Cristina Garzon de Lascano of why he had not saved in spacing. And she said she did not remember and that was an administrative error. "
" At that time, Dr. Battiston asked that the judge reminded him what it was a false witness. You said it was not necessary. "
" For me, the presumption that a judge knows the law is a presumption must demonstrate by every act of his life. "
" It was an administrative error. The law says you must save each error, deletion or addition in a preliminary statement, and that is punishable. So far everything has been nil. "
"brings us to April 1976. Haro presented the letter requesting the dismissal of Bauducco. In the house had not found anything. He had found many things that were stolen. They found nothing of subversive material. "
" Haro said to have proved the innocence of the facts against him, but even he knew what facts were against him. "
" I do not like to categorize to justice in general but in particular to give names of people. "
" Otero Alvarez Ledesma tells Zamboni, according to newspaper articles, had died Bauducco in the prison of San Martin. "
" The judge ran views Registrar and Prosecutor Ali Fuad Ali for the criminal action is extinguished. Days later, Sasiain goes to the judge and denounced the incident, stating what section was in charge of the prison at the time and that the body was in the morgue. Sasiain asked the judge to conduct the investigation that the judge never did. Zamboni not considered necessary. "
" Sasiain responsible tremendous what happened in the prison, the author of the handwriting of regulation on April 2 Criminal those rules governed exclusively on the prison of San Martin under the rule of Luciano Benjamin Menendez. "
" Then comes the order of provisional dismissal of it. "
" concurs Zamboni Ledesma, Alvarez Otero, his counsel, that it was Molina, and noted that the her husband's name was no longer asks her where is her husband. And to silence repeats. Then he goes and Otero Alvarez said her husband was killed when he tried to snatch a gun from a guard. "
" Dora Caffieri asked the attendant: "Please take me that make me sick '."
"Moved to Devoto, we reported the provisional dismissal. He appealed and was granted. When he reached the House, the defense kept Molina and that closes everything up to the '78, when it gets out of the country and takes her two years to Venezuela. "
" This court, this sentence has the power to declare the nullity of processing Dora and Raul Caffieri Bauducco and say that this process does not affect your no name and honor. Because even today remain subversive criminals for the Argentine state. "
" In full democracy, Caffeiri Dora, coming to Ezeiza, is arrested for subversive listed as delinquent. "
"No prisoner or who died, nor those who survived, were acquitted of guilt and responsibility."
"Gentlemen vocals, this trial we have, in my opinion, is the most important trial on state terrorism that was in the country. It is the most important process, because they overwhelmingly demonstrates the participation of members of the judiciary in state terrorism. "
" Until this trial was speaking generically. "
" In this statement I hope to reflect that 28 of the 30 prisoners (or Vaca Narvaja or Chiavarini) were under the action of justice. "
" We are going to be facing a vital question for me represented Bauducco Diego, Why I killed my father? He did not belong to any organization. However there is a reason. What would happen if when the first event occurs in the D2 had investigated the deaths, "the nine events have occurred later? Probably would not have happened. "
" The responsibility of judges, prosecutors, public defenders is inescapable. "
" The fact Bauducco was the only death occurred by firearm within the prison. "
" The dictatorship of the man who presided over this sleeping regulated here was a death sentence. But they chose the most cowardly of annihilation. We must save our institutions. "
" The uniqueness of this trial we can see why it was not the only killing of political prisoners who were in the country. The slaughter of Margarita Belén is one where killed 22 political prisoners. Or the popcorn, which killed eleven political prisoners. "
" If they had brought to Sasiain and have not moved to the Sierra Chica prisoners to the killing may have followed. "
"Puga came in 1976. When we cite to declare it, went the next day, filed a brief. He argued that a judge could not be called to testify, because as a judge spoke for their sentences. Appeal and the House agreed with us.
"November 1999. The letter of Puga says four things. Claimed the 1976 coup. The Court relied on this new revolutionary power. He was imbued with the purposes and bylaws of the new power. The oath that he paid judges and officials by statute, they did out of fear or conviction. Otero and were convinced Zamboni sharing. "
" Secretary Federal Criminal Court No. 3 Mariana Buteler told me that his father, a judge in Civil Mendoza city, refused to swear by the statutes and is not dead. Nothing happened. The conviction was not the fear that led the judges to swear by the statutes. "
" Secretary Paul Bustos Fierro, back in 2002 when we presented our letters, I said 'doctor, should be thinking as it was to be a judge at the time, 'and I said wrong and I told him that we should think what being a prisoner in those days. "
" A great professor of criminal law I had in those years, Richard C. Nunez, had the courage to denounce all High Court that year. That should do us. "
" I thank Dr. Gerardo Battistón and Dr. Miguel Martinez who bore the brunt of this process. "
" The day we took the prisoners to make the requisition in Bauducco died in the courtyard, it was under the watch of Henry Peter Mones Ruiz. By striking Bauducco, he was already badly beaten, was semidesvanecido. Miguel Angel Perez was asked to get up or killed, and we know that he asked permission from her boss Mones Ruiz. He nodded and shot him in the face, in the right cheek. There are few homicides that contain many witnesses and so precise. It was all they had to look. "
" It is impossible to believe Miguel Angel Perez, the version given to the fact. It is impossible to believe the apology he made to the family Pérez Bauducco. "
" Mones Ruiz is doubly criminal, because he was the boss. Gave several different versions. At one point he said that when Perez did not see the shooting because he had gone to talk with a girlfriend. Then he said he had gone to bring to a halt. No record has been There was a detention order for that day. The versions are grotesque. This makes the frame made in Article 80. "
" The helplessness and treachery. There is nothing that makes us more vulnerable than nudity and in terms of the participation of two or more people. "
" Twenty-six of the thirty prisoners were available to the Executive, as Videla, as holder of Power , is responsible. They were political hostages. "
" The prosecution had forgotten to bring the criminal liability of Videla, judges (Puga was the only living), prosecutors Ali and Cornejo, Otero Alvarez and public defenders Haro and Luis Eduardo Molina.
The prosecutor is darkened a lot when he ran the court hearing. He stepped on the grounds that she was secretary of Haro and felt moral violence. Judge asked to detail reasons for not delaying the trial. "
" The judge also called away because her husband was a lawyer for Cornejo. But then broken apart and the cause. Without notifying the parties. Why not here in this trial. I did the favor of not pictured with Videla and Menendez in this trial. It took the case. Look what made this court, not because I want to flatter, in contrast to the delays in the statement. "
" What did the Federal Chamber, waiting for the pardon of Menendez, taking her statement to the prisoners who had already testified in the statement. "
" On the use of torture and Bauducco Caffieri Dora the D2 can not ask for pity because it was not proven fact. "
" Suffering and torture applied to the UP1, responsible Mones Ruiz, Gustavo Alsina, 15 years imprisonment, perpetual disqualification .
"On the death of Raul Bauducco, Jorge Rafael Videla as author, Luciano Benjamin Menendez, Victor Cano Pino. Three life sentences ask to meet in a common jail. But not a criminal like San Martín, one that contemplates humanely as human beings, despite their status as criminals. "
" Perpetua Miguel Angel Perez and Lt. Col. Enrique Pedro Mones Ruiz, with perpetual disqualification and also in ordinary prison. "
" What I said at first I want to say now calmer. I never thought I was coming or going to claim in this lawsuit. I remain confident in the two colleagues who took the brunt of this trial. I think this should cause general thank all the former prisoners who survived and helped to understand these horrors. Especially Fermín Herrera, who won in Rawson who hear a federal judge and opened this cause. "
" remains in control of this Court point out who were the murderers and implement the sentences. "
" And finally, to cancel the processing of Caffieri Dora and Raul Muñoz Bauducco in the cause and restore the good name and honor them and all prisoners who were killed with no chance to defend himself. "
At the end of the day said Miguel Ceballos, the last representative of complaints. Exposure begins thanked the former President Nestor Carlos Kirchner of having been "the driving force behind making these judgments." Coincided with the sentences to the other complaints.
After completion, the court ordered a recess until 30 November, which will begin its case Maximiliano Harabedian and then will turn to Carlos Gonella, both representatives of Public Prosecutions.
Report: Natalia Brusa
The Federal Court No. 1 of Córdoba resumed on Thursday the hearing of arguments in the trial against former facto president Jorge Rafael Videla and thirty other defendants for crimes against humanity committed during the last military government.
then the penalties requested by the complaints filed his statement:
Of the complaints represented by lawyers Claudio Orosz, Martin Frese, Elvio Zanotti and the imposition of torture and killings of the victims: Paul Balustra; Jose Svaguza and Mozé and José Miguel Funes
Cristian Jorge Rafael Videla
"In fact nominated third (about Moze, Svagusa and Balustra) fourth and thirteenth as the author of imposition of aggravated torments: art. 144 ter., 1st. Paragraph of the Penal Code, with the added provisions in the 2nd paragraph of the same law (Law 21388) .- political prisoner and persecuted victim. "
" Aggravated homicide: art. 80, incs. 2 and 6 of the Criminal Code, set to be applied by treachery and aggravated by the number of partners in its implementation. Remark as a civil servant within the meaning of art. Cp 77. And the condition of prisoners and victims of political persecution, the helplessness of the victims and the absence of danger to the authors of his death. "
" All these crimes are covered by the Argentine penal code both at the time of the acts have been committed so far. As already mentioned these behaviors have been conducted within the framework of a systematic and widespread persecution and extermination that transformed these inalienable for crimes in the context of genocide as established by the Assembly of nations about the persecution together with ethnic, racial, religious and national politicians. "
"These are serious events is enormous extent of damage, just listen to the bereaved, to realize it."
"We understand that we are dealing with a public official who has known the Judiciary of the nation and asked to be judged by their peers, has never shown remorse and regret for what terrible crimes. "
" Never before has collaborated with terminating the effects of crimes committed by at least indicating where lie the remains the thousands of murdered and disappeared in this specific case, their attitude contribute to elucidation finishing procedure, recognizing their responsibilities, though the law grants the privilege to not told their victims. "
" Consequently only we should be asking about the effective prison treatment common jail, and request a sentence of life imprisonment and perpetual disqualification and the ancillary law. "
Luciano Benjamin Menendez
" In fact nominated third (about Moze, Svagusa and Balustra), fourth and thirteenth as the author of taxation aggravated torments: art. 144 ter., 1st. Paragraph of the Penal Code, with the added provisions in the 2nd paragraph of the same law (Law 21388) .- political prisoner and persecuted victim. "
" Aggravated homicide: art. 80, incs. 2 and 6 of the Criminal Code, set to be applied by treachery and aggravated by the number of partners in its implementation. "
" All such material as the real contest rules art. 55 cp. We remark
as a civil servant within the meaning of art. Cp 77. And the condition of prisoners and political refugees of the victims, the helplessness of the victims and lack of danger to the perpetrators. "
" All these crimes are covered by the Argentine penal code both at the time of the acts have been committed so far. As already mentioned these behaviors have been conducted within the framework of a systematic and widespread persecution and extermination that transformed these inalienable for crimes in the context of genocide as established the United Nations General Assembly with regard to ethnic persecution , racial, national, religious and political. "
" serious are the facts, it's huge expansion damage, just listen to the bereaved, to realize it. "
" We understand that we are dealing with a public official who has known the judiciary of the nation and asked to be judged by their peers, never has shown remorse and regret for the terrible crimes committed. "
" Never before has collaborated with terminating the effects of crimes committed by at least indicating where the remains of thousands of murdered and disappeared in this specific case , contributing to elucidate its procedural attitude finishing, recognizing their responsibilities, although the law gives them the privilege to which did not have its victims. "
" Therefore we can only ask about the effective correctional treatment in common jail, and ask imprisonment and perpetual disqualification and the ancillary law. "
Vicente Meli
"In fact nominated third (about Balustra) and thirteenth (with the clarification regarding the nominees made only by the third party in relation to the principal of Drs. Zanotti and Luque who have already embraced this order, if José Cristian Funes and our representation in the case Paul Balustra only), as well as by three facts on which we submit "
Carlos Mauricio
Poncet, Raul Eduardo Fierro, Jorge González Navarro
" By command of fact and control of the will, in organized power typically rated as the imposition of torture aggravated: art. 144 ter., 1st. Paragraph of the Penal Code, with the added provisions in the 2nd paragraph of the same law (Law 21388) .- political prisoner and persecuted victim "
" Aggravated homicide: art . 80, incs. 2 and 6 of the Criminal Code, set to be applied by treachery and aggravated by the number of partners in its implementation.
All such material as the real contest rules art. 55 cc. "
" We stress the quality of public servants in terms of art. Cp 77. And the condition of prisoners and victims of political persecution, the helplessness of the victims and the lack of danger to the perpetrators. "
" All these crimes are covered by the Argentine Penal Code both date of the acts have been committed so far. As already mentioned these behaviors have been conducted within the framework of a systematic and widespread persecution and extermination that transformed these inalienable for crimes in the context of genocide as established the United Nations General Assembly with regard to persecution on ethnic, racial, national, religious and political. "
" These are serious events is enormous extent of damage, suffice listen to the bereaved, to realize it. "
" We understand that we are dealing with public officials, which has ignored the judiciary of the nation and asked to be judged by their peers, has never shown remorse and repentance for the terrible crimes committed. "
" Never ever have collaborated with terminating the effects of crimes committed by at least indicating where the remains of thousands of murdered and disappeared in this specific case, their attitude contribute to elucidation finishing procedure, recognizing their responsibilities, although the law gives them that privilege which did not have its victims. "
" Therefore we can only ask about them effective correctional treatment in common jail, and sentence of life imprisonment and perpetual disqualification and the ancillary law. "
John Huber and Victor Cano Pino
"In connection with the third done (about Moze, Svagusa and Balustra). By command of fact and control of the will in organized power typically rated as the imposition of aggravated torments: art. 144 ter., 1st. Paragraph of the Penal Code, with the added provisions in the 2nd paragraph of the same law (Law 21338) .- political prisoner and persecuted victim. Four events, all such material under the rules of the art real competition. 55 cc. "
" We stress the quality of public servants in terms of art. Cp 77. And the condition of prisoners and victims of political persecution. The helplessness of the victims and the lack of danger to the perpetrators. "
" All these crimes are covered by the Argentine penal code both at the time of the acts have been committed so far. As already mentioned these behaviors have been conducted within the framework of a systematic and widespread persecution and extermination that transformed these inalienable for crimes in the context of genocide as established the United Nations General Assembly with regard to ethnic persecution , racial, national, religious and political. "
" serious are the facts, it is huge extent of damage, just listen to the bereaved, to realize it. "
"We understand that we are dealing with public officials who have ignored the judiciary of the nation and asked to be judged by their peers, has never shown remorse and regret for the terrible crimes committed."
"Never ever have worked with terminating the effects of crimes committed by at least indicating where the remains of thousands of murdered and disappeared in this specific case, their attitude contribute to elucidation finishing procedure, recognizing their responsibilities, either The law gives them this privilege which did not have its victims. "
"Therefore we can only ask about them effective correctional treatment in the common prison. The contest has mentioned material criminal scale from 3 to 25 years."
"Accordingly, and mindful that as rightly says Hanna Arendt in her book "Eichmann in Jerusalem" by citing the ruling of the case says: "... but in a crime so vast and complicated as the present one, involving many individuals located at different levels and in activity diverse nature, planners, organizers and executors, each according to his rank, "is of little use to use the common concepts of instigation and commission advice of a crime. These crimes were committed en masse, not only as it relates to victims, but also with regard to the number of those who perpetrated the crime, and more or less remote location of many criminals in relation to that physically kills the victim no means as measures of responsibility. By contrast, in general, the degree of responsibility increases as we move away from the man who holds in his hand a fatal instrument ... "p. 359.
"request for treatment prison sentence of 25 years imprisonment and perpetual disqualification and ancillary legislation."
Gustavo Adolfo Alsina, Enrique Pedro Mones Ruiz, Miguel Angel Perez, Carlos Perez and Jose Antonio Hibar Paredes
"Regarding the third factor (with respect to Moze, Svagusa and Balustra) as perpetrators and made functional domain. "
" Imposing aggravated torments: art. 144 ter., 1st. Paragraph of the penal code, with the added provisions in the 2nd paragraph of the same law (Law 21338) .- prisoner and victim of political persecution. Four events, all such material under the rules of the art real competition. 55 cc. "
" We stress the quality of public servants in terms Art. Cp 77. And the condition of prisoners and victims of political persecution. All these crimes are covered by the Argentine Criminal Code as to the date of the acts have been committed so far. As already mentioned these behaviors have been conducted within the framework of a systematic and widespread persecution and extermination that transformed these inalienable for crimes in the context of genocide as established the United Nations General Assembly with regard to ethnic persecution , racial, national, religious and political. "
" serious are the facts, it is huge extent of damage, just listen the bereaved, to realize it. "
" We understand that we are dealing with public officials, which has ignored the judiciary of the nation and asked to be judged by their peers, has never shown remorse and repentance for the terrible crimes committed. "
" Never before has collaborated with terminating the effects of crimes committed in this specific case, their attitude contribute to elucidation finishing procedure, recognizing their responsibilities, although the law gives them that privilege which did not have its victims. "
" Therefore we can only ask about them effective correctional treatment in the common jail. The competition brings the material referred to criminal scale from 3 to 25 years. "
" Specifically for Gustavo Adolfo Alsina, Enrique Pedro Mones Ruiz, official leadership over their subordinates and subordinates, we request the penalty of twenty years imprisonment and perpetual disqualification to the accessories of law. "
" Hibar Carlos Perez and Jose Antonio Paredes request a sentence of 18 years imprisonment and perpetual disqualification to the accessories of law. "
"Regarding the Miguel Angel Perez and defendant solely because we value in its favor during the hearing at least has apologized to the families of the victims, we believe that the sentence in his case should be that of 15 years imprisonment, perpetual disqualification and complete with the accessories of law. "
" With respect to Carlos Yanicelli, Miguel Angel Gomez, Juan Eduardo Molina, Calixto Flores, Yamil Jabour, Luis Lucero sought treatment in ordinary prison, life imprisonment, and perpetual absolute disqualification. "
This lawsuit does not accuse the police Ricardo Rocha and Marcelo Luna Cayetano
In the lawsuit represented by counsel Lyllan Luque, who set the penalty sought by the death of José Cristian Funes
"Adhering to each and every one of the considerations made earlier regarding attribution of responsibility for the domain theory domain made by organized power, establishing command responsibility cases, immediate, and the legal qualification given to the fact the third, as will the seventh below. "
"Because third victim which was requested José Cristian Funes watch the following minimum sentences and maximum allowed the offense, taking into account that we are witnessing a crime that can only make public officials against prisoners, which in this case are also politically persecuted. "
" 15 years' imprisonment, disqualification absolute and perpetual with ancillary bill of Jorge Rafael Videla, Luciano Benjamin Menendez, Vincent Meli, Mauricio Poncet, Raul Fierro, Jorge Gonzalez Navarro, Victor Cano Pino, Juan Emilio Huber, Gustavo Adolfo Alsina and Enrique Pedro Mones Ruiz. "
"14 years imprisonment and perpetual disqualification to ancillary bill to Carlos Perez and Miguel Angel Hibar Doe "
" 12 years' imprisonment and perpetual disqualification to ancillary bill to José Antonio Paredes. "
" Regarding the fact nominated seventh victim of the late Joseph Christian Funes, legally qualified as murder aggravated by cruelty and the participation of two or more people, according to the crime mentioned by Dr. Orosz, regarding Jorge Rafael Videla, Luciano Benjamin Menendez, Vincent Meli, Mauricio Poncet, Raul Fierro, Jorge González Navarro, ask for the penalty life imprisonment and perpetual disqualification to ancillary law. "
Case of Ruben Arroyo
After a recess, presented his case Rubén Arroyo, representing the family of the victim Raul Augusto Bauducco (Acts III and VIII of the cause). Then part of his statement:
"Diego Bauducco and his wife were kidnapped along with his wife on November 20, 1975. She had been an architect at age 24. Were transferred to the D2 and there were a week. She was six months pregnant. "
" We'll have to talk about that law, because the Public Ministry asked Dora Caffieri in this debate if he believed in justice. A very timely question, because when he declared in 1975, were never told what crime they were accused. Or the Code in force at that time and with the changes they made in 1981. Neither before nor after the only thing he said, as recorded in the minutes of the inquisitive statement is that it was investigating because of the criminal activities of her husband. "
" at that time assisted by defender Maid officer was later, Ricardo Haro, Zamboni Bauducco Ledesma asked why his home was raided and why he was arrested. That would allow the defender Haro. "
"But the investigation of Dora Caffieri of Bauducco contains a greater irregularity. The subtext is placed between the lines 'the processed requests hearing to denounce the theft that occurred in her house and also the torture he suffered'. "
" You have experience and I do not think they see a person being inquired into having to ask for another hearing to denounce the mistreatment. "
" His counsel was present and advised him not to request such a hearing because the statement was in the police everything was going to go faster. "
" So asked Dr. Cristina Garzon de Lascano of why he had not saved in spacing. And she said she did not remember and that was an administrative error. "
" At that time, Dr. Battiston asked that the judge reminded him what it was a false witness. You said it was not necessary. "
" For me, the presumption that a judge knows the law is a presumption must demonstrate by every act of his life. "
" It was an administrative error. The law says you must save each error, deletion or addition in a preliminary statement, and that is punishable. So far everything has been nil. "
"brings us to April 1976. Haro presented the letter requesting the dismissal of Bauducco. In the house had not found anything. He had found many things that were stolen. They found nothing of subversive material. "
" Haro said to have proved the innocence of the facts against him, but even he knew what facts were against him. "
" I do not like to categorize to justice in general but in particular to give names of people. "
" Otero Alvarez Ledesma tells Zamboni, according to newspaper articles, had died Bauducco in the prison of San Martin. "
" The judge ran views Registrar and Prosecutor Ali Fuad Ali for the criminal action is extinguished. Days later, Sasiain goes to the judge and denounced the incident, stating what section was in charge of the prison at the time and that the body was in the morgue. Sasiain asked the judge to conduct the investigation that the judge never did. Zamboni not considered necessary. "
" Sasiain responsible tremendous what happened in the prison, the author of the handwriting of regulation on April 2 Criminal those rules governed exclusively on the prison of San Martin under the rule of Luciano Benjamin Menendez. "
" Then comes the order of provisional dismissal of it. "
" concurs Zamboni Ledesma, Alvarez Otero, his counsel, that it was Molina, and noted that the her husband's name was no longer asks her where is her husband. And to silence repeats. Then he goes and Otero Alvarez said her husband was killed when he tried to snatch a gun from a guard. "
" Dora Caffieri asked the attendant: "Please take me that make me sick '."
"Moved to Devoto, we reported the provisional dismissal. He appealed and was granted. When he reached the House, the defense kept Molina and that closes everything up to the '78, when it gets out of the country and takes her two years to Venezuela. "
" This court, this sentence has the power to declare the nullity of processing Dora and Raul Caffieri Bauducco and say that this process does not affect your no name and honor. Because even today remain subversive criminals for the Argentine state. "
" In full democracy, Caffeiri Dora, coming to Ezeiza, is arrested for subversive listed as delinquent. "
"No prisoner or who died, nor those who survived, were acquitted of guilt and responsibility."
"Gentlemen vocals, this trial we have, in my opinion, is the most important trial on state terrorism that was in the country. It is the most important process, because they overwhelmingly demonstrates the participation of members of the judiciary in state terrorism. "
" Until this trial was speaking generically. "
" In this statement I hope to reflect that 28 of the 30 prisoners (or Vaca Narvaja or Chiavarini) were under the action of justice. "
" We are going to be facing a vital question for me represented Bauducco Diego, Why I killed my father? He did not belong to any organization. However there is a reason. What would happen if when the first event occurs in the D2 had investigated the deaths, "the nine events have occurred later? Probably would not have happened. "
" The responsibility of judges, prosecutors, public defenders is inescapable. "
" The fact Bauducco was the only death occurred by firearm within the prison. "
" The dictatorship of the man who presided over this sleeping regulated here was a death sentence. But they chose the most cowardly of annihilation. We must save our institutions. "
" The uniqueness of this trial we can see why it was not the only killing of political prisoners who were in the country. The slaughter of Margarita Belén is one where killed 22 political prisoners. Or the popcorn, which killed eleven political prisoners. "
" If they had brought to Sasiain and have not moved to the Sierra Chica prisoners to the killing may have followed. "
"Puga came in 1976. When we cite to declare it, went the next day, filed a brief. He argued that a judge could not be called to testify, because as a judge spoke for their sentences. Appeal and the House agreed with us.
"November 1999. The letter of Puga says four things. Claimed the 1976 coup. The Court relied on this new revolutionary power. He was imbued with the purposes and bylaws of the new power. The oath that he paid judges and officials by statute, they did out of fear or conviction. Otero and were convinced Zamboni sharing. "
" Secretary Federal Criminal Court No. 3 Mariana Buteler told me that his father, a judge in Civil Mendoza city, refused to swear by the statutes and is not dead. Nothing happened. The conviction was not the fear that led the judges to swear by the statutes. "
" Secretary Paul Bustos Fierro, back in 2002 when we presented our letters, I said 'doctor, should be thinking as it was to be a judge at the time, 'and I said wrong and I told him that we should think what being a prisoner in those days. "
" A great professor of criminal law I had in those years, Richard C. Nunez, had the courage to denounce all High Court that year. That should do us. "
" I thank Dr. Gerardo Battistón and Dr. Miguel Martinez who bore the brunt of this process. "
" The day we took the prisoners to make the requisition in Bauducco died in the courtyard, it was under the watch of Henry Peter Mones Ruiz. By striking Bauducco, he was already badly beaten, was semidesvanecido. Miguel Angel Perez was asked to get up or killed, and we know that he asked permission from her boss Mones Ruiz. He nodded and shot him in the face, in the right cheek. There are few homicides that contain many witnesses and so precise. It was all they had to look. "
" It is impossible to believe Miguel Angel Perez, the version given to the fact. It is impossible to believe the apology he made to the family Pérez Bauducco. "
" Mones Ruiz is doubly criminal, because he was the boss. Gave several different versions. At one point he said that when Perez did not see the shooting because he had gone to talk with a girlfriend. Then he said he had gone to bring to a halt. No record has been There was a detention order for that day. The versions are grotesque. This makes the frame made in Article 80. "
" The helplessness and treachery. There is nothing that makes us more vulnerable than nudity and in terms of the participation of two or more people. "
" Twenty-six of the thirty prisoners were available to the Executive, as Videla, as holder of Power , is responsible. They were political hostages. "
" The prosecution had forgotten to bring the criminal liability of Videla, judges (Puga was the only living), prosecutors Ali and Cornejo, Otero Alvarez and public defenders Haro and Luis Eduardo Molina.
The prosecutor is darkened a lot when he ran the court hearing. He stepped on the grounds that she was secretary of Haro and felt moral violence. Judge asked to detail reasons for not delaying the trial. "
" The judge also called away because her husband was a lawyer for Cornejo. But then broken apart and the cause. Without notifying the parties. Why not here in this trial. I did the favor of not pictured with Videla and Menendez in this trial. It took the case. Look what made this court, not because I want to flatter, in contrast to the delays in the statement. "
" What did the Federal Chamber, waiting for the pardon of Menendez, taking her statement to the prisoners who had already testified in the statement. "
" On the use of torture and Bauducco Caffieri Dora the D2 can not ask for pity because it was not proven fact. "
" Suffering and torture applied to the UP1, responsible Mones Ruiz, Gustavo Alsina, 15 years imprisonment, perpetual disqualification .
"On the death of Raul Bauducco, Jorge Rafael Videla as author, Luciano Benjamin Menendez, Victor Cano Pino. Three life sentences ask to meet in a common jail. But not a criminal like San Martín, one that contemplates humanely as human beings, despite their status as criminals. "
" Perpetua Miguel Angel Perez and Lt. Col. Enrique Pedro Mones Ruiz, with perpetual disqualification and also in ordinary prison. "
" What I said at first I want to say now calmer. I never thought I was coming or going to claim in this lawsuit. I remain confident in the two colleagues who took the brunt of this trial. I think this should cause general thank all the former prisoners who survived and helped to understand these horrors. Especially Fermín Herrera, who won in Rawson who hear a federal judge and opened this cause. "
" remains in control of this Court point out who were the murderers and implement the sentences. "
" And finally, to cancel the processing of Caffieri Dora and Raul Muñoz Bauducco in the cause and restore the good name and honor them and all prisoners who were killed with no chance to defend himself. "
At the end of the day said Miguel Ceballos, the last representative of complaints. Exposure begins thanked the former President Nestor Carlos Kirchner of having been "the driving force behind making these judgments." Coincided with the sentences to the other complaints.
After completion, the court ordered a recess until 30 November, which will begin its case Maximiliano Harabedian and then will turn to Carlos Gonella, both representatives of Public Prosecutions.
Report: Natalia Brusa
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