A comparison of oral proceedings initiated against the oppressors since 2003 and the trial of the juntas
differences
In open trials against the oppressors from the annulment of laws endpoint and due obedience is a constant feature of the victims of militancy, which was hidden in the trial of the former commanders. Sexual violence, the stories of everyday life and other aspects are displayed at these hearings.
By Alejandra Dandan
The hypothesis could arise in these terms: oral proceedings on crimes in schools secret of the last dictatorship seem to be conjuring up for the missing. The testimonies of survivors and relatives in the audience construct new stories that emphasize, among other things, their political identities. Counter to what happened with the landmark case 13, made from Conadep report, these processes recover the fleshiness everyday lifestyles, desires and details not only them but also survivors and away from the idea exclusive of the victims to re-locate them in the political arena. But also there are new edges in the investigations. Attempts to verify so far invisible landscapes, such as sexual violence against men and women or the presence in parts of the horror of children and adolescents. Yet it appears for the first time, also the voice of the CHILDREN. Not only speak at the hearings on the effects of repression on their lives, they are collecting data on their parents' stories with those who are arming them, and thus arming. What follows is an attempt to shore up that appears every day in court, before an audience that is still, however, difficult to appear.
Militants
One of the characteristics of the trials of the repressors in these times is the emphasis on the idea of \u200b\u200bmilitancy. July Santucho began to sit between the public attending the hearings of the crimes Automotive Orletti after testifying about the kidnapping of his brothers Carlos and Manuela and his wife Cristina. "My idea was to go to claim the membership of the girls," says Pagina/12. "Adhere to the approach of the genocide, and therefore I think it caught the innocent. What I notice now is that I am not alone with this idea, I felt alone in this position when I returned to the country twenty years ago, you could not defend that position, that is now in trials is present. "Since declaring again the courts from time to time, but especially when you know you speak one of the survivors who have been its missing. Usually accompanied by his son Michael, when the audience ends often close to the survivors and those who want to know more details. "At the household level," says Julio, I notice my son more than me, you will find information about what happened to his mother, torture for example, and why it's a very hard blow, he seeks and want to know that, fill a void. It is as if to say, gone is good, but want to know what is missing, what happened, that's what I experience now, my son and many children are in need of this, but suffers, I think it's better than strengthens , and that's an important thing to recognize the trials. "
Miguel D'Agostino is a survivor of circuit Athletic Club, Bank and Olympus. Said now but it has since the Conadep. Just start thinking about the changes, stresses the idea of \u200b\u200bmilitancy. "In '84 we said no," he says in line with repeating these days lawyers for the human rights organizations that make up the quarrels of the causes, survivors and prosecutors. In the early eighties, with the Trial of the Juntas sustained on the theory of the two demons, the survivors did not speak of his past by militants, among other reasons because they could be arrested. But in addition, the priorities were others, says in this case the lawyer Ana Oberlin: had to prove the existence of the missing, the department, the systematic repression. "We were going to testify at that time and still we were watching," says D'Agostino. Some colleagues were called to the home. Uruguayans who were prisoners were returning to their country. And many parents did not speak because they still paralyzed by fear. "That began to change in recent years, from the street, with the publication of things like political biographies," risking the same D'Agostino. Notes, among other things, the publication of books that marked a break and in which the voice of the survivors appears standing in the political arena before the killing.
Daniel Cabezas testified about the murder of his brother and the kidnapping of his mother in the audience of the ESMA. A Thelma Jara de Cabezas was forced to sit in a tearoom in the Avenida del Libertador forged for an interview with a reporter from the magazine for you to discredit the Montoneros and the families of the victims. Much water had passed under the bridge, when Daniel sat down to prepare for the hearing. "At first I sat down to study because it did not know how to deal with child and also being a militant, I read the theory of genocide by sociologist Daniel Feierstein but I realized that I am not bogged down all theoretical, so I read the statement of the case 13, where it is very clear theory of the two demons, and if my mother saw that the judges worried about whether it was montonera, or showed him the magazine for recognizing whether or not he had participated in the report. "In that context, he decided to tell who his brother, the supposedly subversive:" I wanted to tell what they did, talk about life daily as militants show that did not rise to clean their weapons and went out to shoot on Sundays at noon at home got together to eat a stew of lentils, which was my mother, who suddenly came Cristina, La Gallega, a territory or the Fat and Fat Squirrel, that nobody knew the real names but they were friends, were at home, some were active with my brother in the UES and his girlfriend came and spoke not a militant policy and they left and after each design activities in their areas, stickers by May 1. " In one of these stickers, a task group killed his brother. "It could have been armed, because guns were used defensively, people should know and remember it because everyone knew militants in the barrios."
recovered that same frame the argument of prosecutors in the case ABO. Submitted the claim to an axis in the stories of life, but also political identities and structured organizations not falling as in the Conadep dates, but by groups of political affiliation. It was a corollary of what appeared in the testimony of witnesses at the hearings, was not entirely spontaneous. That prosecution, for example, decided not to ask about the torture because they gave as elements tested.
In other cases, the item appeared in different ways. It is sometimes installed as a defensive strategy. As in the Trial of the Juntas, at the beginning of the new trial's lawyers tried to shame the oppressors witnesses by asking militants in what appeared a way to justify the slaughter. One expression of this attitude can still be seen these days in the trial of the Federal Court in San Martin against Luis Abelardo Patti. Its defense, led by former maid Alfredo Bisordi, asked Orlando Ubiedo-witness and former secretary-general of the UATRE what he meant when he spoke of the tasks of "counter" and what's with that method did when militants attempted only cover their tracks' cause they pursued. In most trials, however these chicanes are no longer: the defenders do not ask for the membership. One reason is that, alerted by complaints, witnesses began to speak and stand alone in that space before they are political questions: it not only enabled them to regain their places, but to build the story for themselves and not as an effect of the other suspects. Estela
Segado think that's one of the most important trials. Coordinator of the Documentary Archive of the Ministry of Human Rights Office, is convinced that terrorism was a chase to the militants, in which all militant was considered a terrorist by the mere fact of being a member. The 13 trial judges were more interested in whether the person had been montonera that if he had been tortured. "In these new times, it opens the possibility of understanding this question of 'militancy' is not synonymous with 'terrorist murderer,' and militant people who have permission to have not had issues, such as ways to resist such as being armed or putting books in casings and where did you say that cyanide pills emphasis in this framework. "
But this recovery is so new? Mowing says yes and that even "the membership is still attached to the issue of terrorist crime."
case
In this context, it also warns the accentuation of personal accounts. The details. The life stories, but also the individual situation of the abduction, torture and oppression. Oberlin speaks of a different era. Facing the eighties, when it needed to accredit the disappearances, the new criminal procedures show an emphasis on personal experience, he says. "This way, we witness testimony much richer in detail the experience of each survivor. We went from the need to prove the missing and the systematic of what happened to each one, more personal reconstruction begins. "
The instance of trial that allows staging of Justice is another element at play. The ability to stand for the first time before the circle accused of direct responsibility, the power: "The stories are distinguished," says Joseph Nebbia case of CELS. "The one who did is sit there and they are judging by what I did to you, the story is built from another location and that only appears as a remedy for victims: they all feel a great relief once they had finished speaking, will take a giant backpack. "
The detailed accounts of torture falling within that context. They are much more massive than there had been so far. Are still shocking and surprising. "Before Oberlin says," many who had been tortured or even taking the torture as an issue compared to what had happened to their peers, such as deaths or disappearances are minimized and now appear. "
At that singling out there are still field axis of debate. Speak and cracks appear, the speeches are humanized, spoken of the data provided in the torture ended with a person falling. Also from the "broken." Situations that have become victims for years under suspicion or question. Inés Sánchez, an anthropologist who is the daughter of a missing of Vesuvius said his mother had been inside the room "Q" of Vesuvius, where they were "fractions." Arrived at the camp two months pregnant illegal, had tried to put your fingers on the plug to commit suicide, would not let him, tried to escape, could not. "They say my mother was involved in torture," she said, my mother was a victim, beyond what each can do, the gap had been. "
displayed
When told by the survivors, those areas dark spaces of taboo among former detainees, are often tied to new looks. The hearings usually heard the word "slave labor" among those who were subject to the information-gathering tasks or serve the oppressors. Or the battles begin to tell stories of bondage and resistance strategies.
One was Adrian Marcus. The statement in the trial of the ESMA, said with those words and other kidnapped painted in lipstick on a bathroom door to revolt when Globe repressors took them to dinner, she asked for was calamaretis fried dish expensive. Or when she was forced to transcribe the illegal wiretapping of peers who were given appointments by phone, transcribing those paragraphs as unintelligible or names with an ellipsis.
sexual violence
The ABO allegation, the prosecution led by Rodolfo Yanzón accused repressors by the figure of sexual violence from Stockholm Protocol: "Sexual torture begins with forced nudity, in many countries is a constant factor in every situation of torture. You're never so vulnerable as when you are naked and helpless. " Arturo
squeal was a militant of the JP of Mercedes, for years living in Spain. Since the Argentine consulate in Madrid said the first person to testify in the case of Vesuvius: "I attacked me once, particularly because he did not remember the number I had set and I was reminded the hard way, "he said. Inside the center, said, the guards humiliated. They did swim with his friend Javier, against the wall, while the repressors laughed back and told them to rub their bodies with one another. And they laughed, shouted, commented. Ana
Oberlin, Lorena Laura Sobredo Balardini and prepared a document to support the entry of this issue in the hearings. It recalled that since the reopening of the justice process deepens issues until now were invisible. "One such issue was the exercise gender-based violence in the broadest sense, through the commission of rape and all forms of abuse and humiliation of detainees-disappeared, males and females housed in clandestine detention centers. " And they say: "From the evidence emerges clearly that sexual assaults to which detainees were subjected configured not isolated situations, but were part of this plan of destruction and degradation of the subjectivity of people. In addition, sexual violence in all its breadth and rape in particular, was performed by people belonging to different military and security forces and in some cases by civil actions performed as part of repressive. " Contexts
Myriam Bregman, of the charge of Justice Now!, Indicates that many new aspects that appear in the trials are given to understand from where to get the questions. Among them, mention the role of the media during the dictatorship, remember that you are opening or lawsuits filed against Atlantis for example by Editorial cases Cabezas and Angelina Barrios. Shown a specific search on the role of the Church, the priests who appeared in the clandestine centers, archives and civilians. "From the questions, he says, came the information that the manager of the Ford, they called 'El loco Antonio ', named Smith, was so imbued with the repressive operatives involved with the task force of the ESMA. "Either the data indicating that Antonio Pernías brought prisoners to eat at the homes of high society to see that you were recovering, which also included priests, as highlighted by the testimony of Silvia Labayru. Bregman civil participation is not high, but it is a social entrepreneur class armed and prepared the coup. Another issue are the witnesses called contextual, firefighters, neighbors, employees who are appearing for the first time to testify because anything out of the room began to enable them to do so. But children of victims who have a need to stand by his stories in that space.
debts
however is not all raw power. There are missteps. Llonto Paul recalls that as he knew, by the organization of the reasons there are witnesses who should testify over and over again in various trials. Or a superabundance of data pollution requires the complainant to be awake with hundreds of antennas, because many of the details shown on an audience used to the other, and are lost. Those cuts also left several witnesses in the air. A few weeks ago, spent for the sake of a volunteer firefighter Vesuvius Monte Grande by a local mayor's call came removing the bodies of the slaughter that takes the name of that town. The man asked if this was normal. He said "the era of subversion were called to go to find bodies everywhere." No one asked anything about those searches, perhaps because the subject of the trial was one of the clandestine detention centers, but that information was in the air. Lila Pastoriza also occurred at Vesuvius, when he declared on Pablo Miguez. She said she was told that Paul had been last seen at the police station in Lanús Valentín Alsina. No one took up the challenge at that time to initiate an investigation there.
There are also witnesses to be without what is expected to have. There are. "We have no ability to speak with any witnesses," says Liliana Maze complainant Vesuvius. "Sometimes they do not remember what we said or what happened, but also when you get kidnapped and you were not in an organization or were committed by anyone, the chain is broken by the weakest link: people are using that will happen again because it has the support network that enabled them to talk to other victims, are almost forced, struggle to say what happened because you have suffered or medium, which is another achievement of the genocide. "
Finally, Yanzón lists other data as the performance of judges. "We see in other cities, especially in Mendoza, the great complicity of some judges and prosecutors with impunity, some of them willing to fight and make threats, which as they move the trials is becoming more evident." Another issue is the Public Defender's Office. "Many public defenders are working, most are good professionals, but they pass the limits of a technical defense when trying to prove the" complicity "of some victims to oppressors, just trying to take the place of victims to devalue their testimony and establish that the crimes were other support and participants is very serious, as a state agency, rather tend to discredit the victim in order to better position their clients procedurally. "
