hacer justicia ar

key elements in the process of justice

Demands for justice were raised even before the dictatorship ended on December 10, 1983. Following the return of democracy, a criminal process of justice was initiated. Such a process included various stages, with periods of both progress and regression, yet it remained consistently active.
The involvement of the three branches of government, and mainly the responsibility undertaken by the Judiciary, along with the Public Prosecutor's Office and the Defense Attorneys, was crucial to its progress. On their part, human rights organizations also played a central role in its advancement and accomplishment.

The impact of the process of justice for crimes against humanity has been multifaceted. It has been essential in consolidating democracy and rejecting authoritarianism; it represents an ethical triumph of the rule of law over the illegal and clandestine mechanisms and practices that prevailed during the dictatorship. Additionally, it has served itself as a suitable mechanism for reforming institutions and facilitating the documented reconstruction of the truth about State-sponsored terrorism. Furthermore, it acts as a means of addressing the needs of the victims and provides a foundation for collective memory. On the other hand, due to its extensive scale and duration, it has also become an inescapable reference for the transitional processes of justice worldwide.

oral testimonies

These trials, primarily oral and public in format, focused on the members of the Armed Forces and the police force. The first trials held in 1985 involved the highest-ranking officials within those structures. Nearly two decades have passed between the enactment of the Clean Slate and Due Obedience Acts in 1986 and 1987 and their annulment. During that period, the prosecution process only addressed child misappropriation and property theft crimes. By 2005, when the barriers that used to hinder criminal investigation and prosecution were eliminated, accountability within the repressive structure at all levels could finally be investigated and prosecuted. Trials were held in 22 out of the 24 jurisdictions that make up the country. They included both the repression carried out by the state forces during the dictatorship and all the previous events that had occurred during the preceding years that finally led to the military coup.

The prosecution also includes civilians who committed crimes within the framework of the systematic plan of repression. Members of the Judiciary, men and women who misappropriated the children of abducted people, as well as the personnel of the intelligence agency, members of the Catholic Church, and physicians, were judged and convicted as well. The judicial proceedings against business executives who had participated in the repression and benefited from it were challenging. The first conviction against a company owner for his involvement in the kidnapping of a worker took place in 2016 and became final in 2023.

The process of justice was entrusted to the federal courts – i.e., the lower civil court of justice. These courts relied on the criminal crime classifications in place at the time the crimes were committed, namely: kidnapping, torture, murder, misappropriation of minors, rape, false imprisonment, and theft. From the Trial of the Juntas and onwards, the Judiciary found that this set of crimes was part of a systematic plan. Due to the significant role that the forced disappearance of people played in the repressive strategy across the country, Argentine human rights organizations, along with other regional organizations, advocated for its international recognition as a crime.

From 1985 until the present day, more than 1200 people have been sentenced for crimes against humanity, and among them, 200 civilians (source). Most of the sentences were and are served in prison centers in different places scattered across the country, except for a group of detainees who are serving their sentence in the military unit of Campo de Mayo. The advanced age of many of these convicted and prosecuted individuals gives them nowadays the chance to serve their sentence or wait for trial under home arrest (source).

In the case of Argentina, the search, identification, and restitution of disappeared people have been the responsibility of the federal court system, both concerning the investigation conducted by the National Court of Appeals on Criminal and Correctional Matters of the Federal Capital City since 1985 and within the framework of the investigations conducted in each province. As to the search for the kidnapped children, specific institutions such as the National Commission for the Right to Identity (Comisión Nacional por el Derecho a la Identidad, CoNaDi) and the National Genetic Data Bank (Banco Nacional de Datos Genéticos) were created. Organizations from the civil society are actively involved in the search for disappeared detainees and misappropriated children.

The research needed to conduct criminal prosecutions did not come exclusively from judicial sources. For many years, information on the victims and the operation of the repression system was compiled and systematized by human rights organizations. These organizations featured by judicial activism boosted many of the cases instituted to punish crimes against humanity. They were the ones who filed complaints, appealed to the international human rights system, and kept on insisting when faced with resistance in the public prosecutors' offices and the courts. Besides, they were the ones that provided countless testimonies and documents they had been gathering over the years.

The Judiciary had to face an extraordinary challenge in ensuring the swift administration of justice, due process, the safety of all the parties involved in trials, and the society's right to know the truth. Due to the nature of the facts that were prosecuted, their historical significance, the large number of victims, defendants, and witnesses, the evidence gathered, and the difficulties they entailed, the impact of these trials on the Judiciary itself was substantial. Moreover, the situation demanded training vis-a-vis the need to handle such complex litigation. Beginning in 2006, when the process of memory, truth, and justice was adopted as a public policy that cut across all branches of government, new institutional capabilities were introduced into the Judiciary itself and the Public Prosecutor's Office to investigate these crimes. New areas for cooperation among different levels were established as well, such as the Commission for the Coordination and Expediting of Cases for Crimes against Humanity (Comisión para la Coordinación y Agilización de Causas por Delitos de Lesa Humanidad), also known as the Cross-Powers Commission (Comisión Interpoderes), chaired by the Supreme Court of Justice of the Nation.

oral testimonies