Human rights organizations appealed due for release in Chief
ANDHES lawyers, FADETUC and relatives of missing lawyer, Laura Figueroa, presented on Monday 14 March, before the Chamber III of the National Chamber of Criminal Appeal Resource Extraordinary requesting that the Supreme Court's Office review the recent ruling that overturned the prison sentence for those convicted of crimes against humanity, Robert H. Bathrobe and Luis Armando De Candido.
The complainants considered that there are arbitrarily expressed in the resolution of the Court of Appeals.
as De Candido Albornoz Both were convicted in the trial carried out by the Federal Court (TOF) of Tucuman in 2010, for crimes against humanity committed against 22 victims in the Clandestine Detention Center, Police Headquarters, for the last military dictatorship.
The complainants raised the measure on the grounds that both repressors were found criminally Qualified responsible for serious crimes against humanity in light of the circumstances tested in oral debate on the level of criminal involvement of the same, highlighting the risk in writing a procedure that follows the release of the repressors, given the remaining activity repressive power structure at national and local, with the risk that implies for victims and witnesses.
also took into account the vulnerability of the regime warned house arrest during the trial and the statements of John Martin, Fote, Homquist, Aldeco and Clement, among others, the attitude of who Albornoz constantly threatened and threatening witnesses and victims of state terrorism. It also stressed that other witnesses warned the fitness of De Candido (high intelligence training) to put at risk the execution of the sentence.
Condemnation of TOF and its partial reversal
is important to note that the July 8, 2010 the TOF in the case ruled Albornoz sentencing to life imprisonment and Luis De Candide 18 years in prison for both ordering the transfer to the prison unit of Villa Urquiza, in order to neutralize the risk procedure that involves the situation both convicted of crimes against humanity.
For its part, the room III of the Criminal Court of Appeals decided "only partially annul the decision with regard to revoke the house arrest of Albornoz and the arrest of De Candido, and order, until the conviction becomes final, the defendants continue with the scheme provided prior to trial. " This means that, ignoring the reasons given by the TOF for effective prison, the National Chamber of Criminal Appeals makes free the repressor of yeast and allows the repressor Albornoz Back to home confinement, which, as emerged from the trial, and mocked before.
Introducing the extraordinary appeal, the plaintiffs indicated that "intelligible that these former members of the police force with strong contacts within the power structure, no risk trial for the purpose of execution of sentence cars, is to ignore what happened during the oral debate and ignore the proper assessment of the evidence produced and their ability conviction, points required in order to guarantee due process of the parties. "
The resolution of the National Chamber of Criminal Appeals has clearly detrimental to the fundamental rights and guarantees. Therefore, the lawyers recalled "the special duty of care incumbent on the judges ... to neutralize any possibility of leakage or obstruction of the investigation in cases considered here."
The partial annulment of the decision issued by the TOF "while paving the possibility of interference with the execution of the guilty verdict reached, also undertakes international responsibility of the Argentine on trial and condemned responsible for the commission of crimes against humanity in the context of sustained state terrorism, "said the complainants. About
convicted Heriberto
Roberto Albornoz repressor known as the "Eye", was head of the Confidential Information Service (CIS) during the first part of the dictatorship. So, was sentenced to life imprisonment and perpetual disqualification and criminal material being co-responsible for the crime of conspiracy as an organizer, perpetrator being criminally responsible for crimes of violation of domicile in perfect competition with crimes illegal deprivation of freedom aggravated imposition of aggravated torture, torture followed by death, murder aggravated by treachery, in order to achieve impunity and premeditated contest two or more parties by classifying them as crimes against humanity.
For his part, Luis Armando De Candido was a police officer and member of the same intelligence structure in the province. He was sentenced to eighteen years imprisonment and perpetual disqualification and coauthor material being criminally responsible for the crime of aggravated conspiracy, criminal perpetrator of the crime of violation of the home of Chacabuco Street No. 476/478, in perfect competition with the crime of unlawful deprivation of freedom aggravated torture followed by death qualified as crimes against humanity
CRS, integrated by police under the control of military supervisor and in the context of intelligence work, research and identify people who are responsible for keeping track of potential victims, kidnap, transferred to Headquarters and conduct interrogations under torture.
ANDHES lawyers, FADETUC and relatives of missing lawyer, Laura Figueroa, presented on Monday 14 March, before the Chamber III of the National Chamber of Criminal Appeal Resource Extraordinary requesting that the Supreme Court's Office review the recent ruling that overturned the prison sentence for those convicted of crimes against humanity, Robert H. Bathrobe and Luis Armando De Candido.
The complainants considered that there are arbitrarily expressed in the resolution of the Court of Appeals.
as De Candido Albornoz Both were convicted in the trial carried out by the Federal Court (TOF) of Tucuman in 2010, for crimes against humanity committed against 22 victims in the Clandestine Detention Center, Police Headquarters, for the last military dictatorship.
The complainants raised the measure on the grounds that both repressors were found criminally Qualified responsible for serious crimes against humanity in light of the circumstances tested in oral debate on the level of criminal involvement of the same, highlighting the risk in writing a procedure that follows the release of the repressors, given the remaining activity repressive power structure at national and local, with the risk that implies for victims and witnesses.
also took into account the vulnerability of the regime warned house arrest during the trial and the statements of John Martin, Fote, Homquist, Aldeco and Clement, among others, the attitude of who Albornoz constantly threatened and threatening witnesses and victims of state terrorism. It also stressed that other witnesses warned the fitness of De Candido (high intelligence training) to put at risk the execution of the sentence.
Condemnation of TOF and its partial reversal
is important to note that the July 8, 2010 the TOF in the case ruled Albornoz sentencing to life imprisonment and Luis De Candide 18 years in prison for both ordering the transfer to the prison unit of Villa Urquiza, in order to neutralize the risk procedure that involves the situation both convicted of crimes against humanity.
For its part, the room III of the Criminal Court of Appeals decided "only partially annul the decision with regard to revoke the house arrest of Albornoz and the arrest of De Candido, and order, until the conviction becomes final, the defendants continue with the scheme provided prior to trial. " This means that, ignoring the reasons given by the TOF for effective prison, the National Chamber of Criminal Appeals makes free the repressor of yeast and allows the repressor Albornoz Back to home confinement, which, as emerged from the trial, and mocked before.
Introducing the extraordinary appeal, the plaintiffs indicated that "intelligible that these former members of the police force with strong contacts within the power structure, no risk trial for the purpose of execution of sentence cars, is to ignore what happened during the oral debate and ignore the proper assessment of the evidence produced and their ability conviction, points required in order to guarantee due process of the parties. "
The resolution of the National Chamber of Criminal Appeals has clearly detrimental to the fundamental rights and guarantees. Therefore, the lawyers recalled "the special duty of care incumbent on the judges ... to neutralize any possibility of leakage or obstruction of the investigation in cases considered here."
The partial annulment of the decision issued by the TOF "while paving the possibility of interference with the execution of the guilty verdict reached, also undertakes international responsibility of the Argentine on trial and condemned responsible for the commission of crimes against humanity in the context of sustained state terrorism, "said the complainants. About
convicted Heriberto
Roberto Albornoz repressor known as the "Eye", was head of the Confidential Information Service (CIS) during the first part of the dictatorship. So, was sentenced to life imprisonment and perpetual disqualification and criminal material being co-responsible for the crime of conspiracy as an organizer, perpetrator being criminally responsible for crimes of violation of domicile in perfect competition with crimes illegal deprivation of freedom aggravated imposition of aggravated torture, torture followed by death, murder aggravated by treachery, in order to achieve impunity and premeditated contest two or more parties by classifying them as crimes against humanity.
For his part, Luis Armando De Candido was a police officer and member of the same intelligence structure in the province. He was sentenced to eighteen years imprisonment and perpetual disqualification and coauthor material being criminally responsible for the crime of aggravated conspiracy, criminal perpetrator of the crime of violation of the home of Chacabuco Street No. 476/478, in perfect competition with the crime of unlawful deprivation of freedom aggravated torture followed by death qualified as crimes against humanity
CRS, integrated by police under the control of military supervisor and in the context of intelligence work, research and identify people who are responsible for keeping track of potential victims, kidnap, transferred to Headquarters and conduct interrogations under torture.
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