Public Support for Democracy and the Rule of Law in the Southern Cone
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Achieving Justice for Victims of Human Rights Violations by South American Military Regimes Roseann M
Boston College International and Comparative Law Review Volume 25 Issue 2 Symposium: Globalization & the Erosion of Article 12 Sovereignty in Honor of Professor Lichtenstein 5-1-2002 Coming Out of the Dark: Achieving Justice for Victims of Human Rights Violations by South American Military Regimes Roseann M. Latore Follow this and additional works at: http://lawdigitalcommons.bc.edu/iclr Part of the Human Rights Law Commons, International Law Commons, and the Military, War, and Peace Commons Recommended Citation Roseann M. Latore, Coming Out of the Dark: Achieving Justice for Victims of Human Rights Violations by South American Military Regimes , 25 B.C. Int'l & Comp. L. Rev. 419 (2002), http://lawdigitalcommons.bc.edu/iclr/vol25/iss2/12 This Notes is brought to you for free and open access by the Law Journals at Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College International and Comparative Law Review by an authorized editor of Digital Commons @ Boston College Law School. For more information, please contact [email protected]. COMING OUT OF THE DARK: ACIDEVING JUSTICE FOR VICTIMS OF HUMAN RIGHTS VIOLATIONS BY SOUTH AMERICAN MILITARY REGIMES RosEANN M. LAToRE* Abstract: The military regimes of the countries of the Southern Cone of South America cooperated under Operation Condor to eradicate all political opposition throughout the 1960s and 1970s. The military leaders of these regimes are only now being brought to justice for their crimes, which include widespread killing and "disappearances" of political opponents and, in Argentina, the stealing of babies born to doomed political dissidents. It is only in the last decade that these crimes have been brought to light so that the perpetrators can be brought to justice and nations deeply wounded can begin to heal. -
Crime, Media, and Politics in Neoliberal Times
Asian Journal of Latin American Studies (2016) Vol. 29 No. 4: 25-53 Insecurity and Fear of Crime in Argentina: Crime, Media, and Politics in Neoliberal Times Pedro Cerruti*1 University of Buenos Aires, Argentina Cerruti, Pedro (2016), “Insecurity and Fear of Crime in Argentina: Crime, Media, and Politics in Neoliberal Times” ABSTRACT The emergence of a punitive approach to social insecurity as a response to the new social question produced by neoliberalism has been described as a global trend. Furthermore, it is a trend that characterizes the increasingly polarized and exclusionist post-industrial societies. In this article, I present a study of the development of these transformations in Argentina, in particular the cultural processes involved in the social construction of “insecurity” as a public problem. Two moments in recent Argentine history are considered: first, the hyperinflationary crisis period of 1989-1990 in which insecurity first emerged as a form of representation of the social consequences of the economic crisis; and, second, Carlos Menem’s second presidency between 1995 and 1999, during which the terminal crisis of neoliberalism occurred and insecurity first appeared as one of the main concerns of the public and as a key issue in political disputes, becoming a priority on the government agenda. Focusing specifically on the political and mass media discourses through which crime and violence were thematized as social problems in the public sphere, this paper analyses the articulation of a discursive formation within which social conflicts caused by the crises of the neoliberal reform were formed as criminal problems that required policing and repressive approaches in order to control them. -
Accountability and Justice for Past Human Rights Violations in Argentina
―I can´t get no satisfaction‖: Accountability and Justice for Past Human Rights Violations in Argentina. Catalina Smulovitz (UTDT-Conicet) Buenos Aires July 2008 19/06/2009Paper prepared for the Project: ―Comparing the Effectiveness of the Accountability Mechanisms in Eastern Europe and Latin America‖ jointly organized by El Colegio de México and the United Nations University in association with Oxford University 1 I. Introduction In Latin America rulers of democratic transitions face a disquieting challenge: how to make members of the Armed Forces accountable for their past human rights violations? Should they punish or pardon them? While punishment could trigger Armed Forces revolt against the new democratic regime, pardons could endanger the legitimacy of the new democracy, and its ability to do justice and to subordinate the military to civilian rule. The consolidation of democracy implies equality before the law and respect for human rights, but the new regimes also need the collaboration of armed forces that still vindicate the used repressive strategies that still command strong resources to revolt and that could threaten its survival. The way this dilemma is solved is not only a problem about the past (how to treat past human rights violations?), it also affects the present and future of the new regimes. And it is relevant not only for its ethical implications but also because it could determine the success or failure of the democratic processes. The way in which Latin American countries initially1 confronted the question was diverse. While in some countries, pre transition negotiations between the military and civilian actors explicitly precluded judicial treatment of past human rights violations (Chile, Uruguay) in others, judicial treatment could not be deterred (Argentina). -
Regarding Simã³n Y Otros: Accountability in Argentina And
FIU Law Review Volume 3 Number 1 Article 11 Fall 2007 Regarding Simón y otros: Accountability in Argentina and International Human Rights as Domestic Positive Law Gaspar Forteza Follow this and additional works at: https://ecollections.law.fiu.edu/lawreview Part of the Other Law Commons Online ISSN: 2643-7759 Recommended Citation Gaspar Forteza, Regarding Simón y otros: Accountability in Argentina and International Human Rights as Domestic Positive Law, 3 FIU L. Rev. 187 (2007). DOI: https://dx.doi.org/10.25148/lawrev.3.1.11 This Symposium is brought to you for free and open access by eCollections. It has been accepted for inclusion in FIU Law Review by an authorized editor of eCollections. For more information, please contact [email protected]. Regarding Simón y otros: Accountability in Argentina and International Human Rights as Domestic Positive Law Gaspar Forteza* INTRODUCTION Twenty-five years ago, a man, a woman, and their infant daughter were abducted by paramilitary forces from their home in Argentina. The man and woman were taken for interrogation to an infamous clandestine military installation known as “El Olympo,” where they were separated from their daughter. More than twenty years later, the man’s mother learned that her now adult granddaughter was living under an assumed identity as the daughter of a military official. The fate of the man and woman is still unknown and they are presumed murdered—as such, they are “disappeared.” Occurrences such as this were unfortunately not uncommon during the previous military dicta- torship of Argentina. Conservative estimates place the number of forced disappear- ances during the military regime that controlled the Argentinean gov- ernment during 1976-1983 between 10,000 and 15,000 persons.1 Short- ly after the end of military rule in 1983, the Argentinean National Congress passed legislation that effectively amnestied many persons who allegedly committed human rights violations such as torture, ex- tra-judicial killing, and forced disappearance. -
Int Ccpr Css Arg 24028 E
EVALUATION OF COMPLIANCE WITH THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS IN ARGENTINA IN THE FRAMEWORK OF THE SUBMISSION OF THE FIFTH PERIODIC REPORT BEFORE THE HUMAN RIGHTS COMMITTEE 117° PERIOD OF SESSIONS REPORT FROM THE CENTER FOR LEGAL AND SOCIAL STUDIES (CELS) MAY 2016 Dear Committee Experts, We are writing to you on behalf of the Center for Legal and Social Studies (CELS), an organization dedicated since 1979 to defend and protect human rights in Argentina, with relation to the fifth periodic report submitted by the Argentine State on the ongoing enforcement of the International Covenant on Civil and Political Rights (hereinafter, the Covenant or ICCPR). The aim of this presentation is to make available to you the alternative report prepared by CELS describing the progress, regression, failures and omissions of the Argentine State with regard to its duty to respect, guarantee and enforce the right contained in the Covenant (Article 2). Please note that the information contained herein does not cover all issues related to the implementation of the ICCPR in Argentina. This report includes questions and suggested recommendations for each issue, with the intention that they be taken into account by the Committee, both at the time of the interactive dialogue planned for 117° period of session, and when it issues its Final Observations on Argentina. It includes two appendices with information on various cases to illustrate the issues discussed herein. Please do not hesitate to contact us for any further information or clarification you may need. Yours sincerely, Gastón Chillier Executive Director 1 I. INTRODUCTORY STATEMENT Before embarking on the analysis of various issues regarding the ongoing enforcement of the ICCPR in Argentina, it is worth mentioning that the report presented by the Argentine State to this Committee was prepared by a government administration that ended on December 10, 2015. -
Financial Crime in Argentina: Overview, Practical Law Country Q&A 5-521-1293
Financial crime in Argentina: overview, Practical Law Country Q&A 5-521-1293 Financial crime in Argentina: overview by Manuel Beccar Varela and Francisco Darmandrail, Estudio Beccar Varela Country Q&A | Law stated as at 01-Jun-2020 | Argentina A Q&A guide to financial and business crime law in Argentina. The Q&A gives a high level overview of matters relating to corporate fraud, bribery and corruption, insider dealing and market abuse, money laundering and terrorist financing, financial record keeping, due diligence, corporate liability, immunity and leniency, and whistleblowing. To compare answers across multiple jurisdictions, visit the Financial Crime Country Q&A tool. This Q&A is part of the global guide to financial and business crime law. For a full list of jurisdictional Q&As visit global.practicallaw.com/financialcrime-guide. Fraud Regulatory provisions and authorities 1. What are the main regulatory provisions and legislation relevant to corporate fraud? Criminal provisions The main law governing and punishing perpetrators of crimes related to corporate fraud is the Criminal Code of Argentina (Criminal Code), which applies to the entire country. The Criminal Code sets out the various crimes that carry considerable penalties for those who violate its provisions. Over the past three decades, various additional laws have also been enacted due to the emergence of "white collar" crimes and commitments assumed by Argentina under several international treaties. Civil liability Corporate or business fraud can also give rise to civil liability. Civil liability (unlike criminal liability) requires damage to a certain person to occur, and only that person (or their agent or successor) can bring a claim. -
Geography, the Military and Critique on the Occasion of the 2011 IGU Regional Meeting in Santiago De Chile
Article Geography, the military and critique on the occasion of the 2011 IGU Regional Meeting in Santiago de Chile HIRT, Irène, PALOMINO-SCHALSCHA, Marcela Reference HIRT, Irène, PALOMINO-SCHALSCHA, Marcela. Geography, the military and critique on the occasion of the 2011 IGU Regional Meeting in Santiago de Chile. Political Geography, 2011, vol. 30, no. 7, p. 355-357 DOI : 10.1016/j.polgeo.2011.07.003 Available at: http://archive-ouverte.unige.ch/unige:27565 Disclaimer: layout of this document may differ from the published version. 1 / 1 Editorial Guest. Political Geography , 30 (7): 355-357. doi:10.1016/j.polgeo.2011.07.003. Preprint version Geography, the military and critique on the occasion of the 2011 IGU Regional Meeting in Santiago de Chile Irène Hirt, Laval University & University of Geneva , Pavillon Louis-Jacques Casault, G1V0A6, Québec, Canada , [email protected] Marcela Palomino-Schalscha, University of Canterbury Te Whare Wānanga o Waitaka, Christchurch, Aoteara/New Zealand , Private Bag 4800, Christchurch 8140, New Zealand, [email protected] At the beginning of January 2011, a petition was launched on the Internet by two academics, Irene Molina and Jerónimo Montero (Molina, 2011). Aimed at the international geographical community, the petition requested a change of site for the next regional meeting of the International Geographical Union (IGU) in November 2011, scheduled to take place at the Military School of Santiago, Chile ( Escuela Militar del Libertador Bernardo O'Higgins). The petitioners expressed their astonishment that “a place so strikingly marked by terror” was chosen by the IGU. They argued that the two most important official reports on human rights violations and crimes against humanity during the Chilean dictatorship of 1973-1990 (Rettig report, 1991; Valech report, 2004) identified the Military School as a centre of torture and murder. -
Sexual Violence in the Military Dictatorships of Latin America: Who Wants to Know?1
SEXUAL VIOLENCE IN THE MILITARY DICTATORSHIPS OF LATIN AMERICA: WHO WANTS TO KNOW?1 Mariana Joffily • Why reports of abuses committed against political prisoners • in the region are only now being heard ABSTRACT Why was the sexual violence that was committed principally against women during the Latin American military dictatorships from the 1960s until the 1980s not a topic of debate immediately following the transition to democracy and has only in recent years become the subject of deeper reflection and closer attention? This article intends to organise elements of the response to this question, reflecting on the particular nature of sexual crime, how memories of political violence have taken shape over time and the transformation of the concept of gender violence within international and legal bodies in Latin American countries. It concludes that attention to this type of crime could only be given after a series of social and legal changes had been brought about in equality and gender and argues that, although there has been considerable progress, important advances still need to be made in bringing acts of violence, particularly against women, to light. KEYWORDS Sexual violence | Political repression | Military dictatorship | Memory | Transitional justice | Feminism • SUR 24 - v.13 n.24 • 165 - 176 | 2016 165 SEXUAL VIOLENCE IN THE MILITARY DICTATORSHIPS OF LATIN AMERICA: WHO WANTS TO KNOW? I repeat, they have been raping me since the conception of state terrorism.2 Brazil, election campaign 2016. A local council candidate for a left wing party, in the city of São Paulo, who had worked as a civil servant for 26 years, tells a columnist at the Folha de São Paulo newspaper that she had heard that she deserved to be raped and tortured. -
Memory in Times of Cholera: Truth, Justice
Memory in Times of Cholera: Truth, Justice, Reparations and Guarantees of Non-Repetition for the Crimes of the Chilean Dictatorship Translation of Chapter 1 of the Annual Human Rights Report of the Centro de Derechos Humanos, Universidad Diego Portales, 2019 Original publication in Spanish: 18 November 2019. Available from www.derechoshumanos.udp.cl Translated: December 2019 by Cath Collins Observatorio de Justicia Transicional www.derechoshumanos.udp.cl [email protected] ‘“MEMORY IN TIMES OF CHOLERA”: TRUTH, JUSTICE, REPARATIONS, AND GUARANTEES OF NON-REPETITION FOR THE CRIMES OF THE CHILEAN DICTATORSHIP’ Originally published as ‘La Memoria en los Tiempos del Colera: Verdad, justicia, reparaciones, y garantías de no repetición por los crímenes de la dictadura chilena’, published 18 November 2019 as Chapter 1 in the UDP Annual Report ‘Human Rights in Chile, 2019’. Translation by Cath Collins. Original text, in Spanish, available at: http://www.derechoshumanos.udp.cl/derechoshumanos/images/InformeAnual/2019/01_Memoria_en_tiempos_de_colera.pdf PREFACE For the ninth consecutive year, this transitional justice-themed opening chapter of the annual human rights report of the Universidad Diego Portales, Santiago de Chile, has been prepared by the Transitional Justice Observatory, Observatorio de Justicia Transicional.1 Founded in 2008, the Observatorio publishes regular e-bulletins, studies, and reports drawing on its ongoing research and engagement with trials and other transitional justice developments in Chile and around Latin America. This chapter covers developments related to truth, justice, reparations and guarantees of non-repetition in Chile, with a particular focus on measuring progress or backsliding with regard to Chile’s international human rights commitments. The detailed tracking and comparative statistical analysis in the report covers the twelve months from July 2018 to June 2019, inclusive. -
Social and Political Effects of State-Led Repression: the Chilean Case
The Pearson Institute Discussion Paper No. 27 Social and political effects of state-led repression: The Chilean case Maria Angélica Bautista November 2016 Working Paper Social and Political Effects of State-led Repression: The Chilean Case Maria Ang´elicaBautista∗ Harris School of Public Policy - University of Chicago November 22, 2016 Abstract In this paper I study the micro-level impact of state-led repression for the case of the Chilean military dictatorship (1973-1990) on individual political and social par- ticipation, preferences and behavior. I collected a unique micro dataset in Chile in 2012 where I surveyed subjects who experienced repression and built a matching group of subjects with very similar socio-economic characteristics that did not experience repression. Since there is a clear selection into the repressed group, I use a differ- ence in differences strategy where I compare the outcome of the repressed relative to the non-repressed before and after repression took place. I also estimate this model using individual fixed effects. I find several robust results: first, there is a general de-politicization of the sample since I find that in 2012 both sets of people, repressed and non-repressed are less interested in politics compared to 1973; second, there is no significant change in the political orientation on a left-right scale of either group; third, that as a consequence of repression the participation of the repressed in political parties and unions fell relative to the non-repressed. The repressed also reduced their reliance on newspapers as a source of information. Lastly, the repressed increased their participation in human rights organizations. -
Criminal Trials, Economic Dimensions of State Crime, and the Politics of Time in International Criminal Law : a German-Argentine Constellation
ORBIT-OnlineRepository ofBirkbeckInstitutionalTheses Enabling Open Access to Birkbeck’s Research Degree output Criminal trials, economic dimensions of state crime, and the politics of time in international criminal law : a German-Argentine constellation https://eprints.bbk.ac.uk/id/eprint/40304/ Version: Full Version Citation: Franzki, Hannah C. (2018) Criminal trials, economic dimen- sions of state crime, and the politics of time in international criminal law : a German-Argentine constellation. [Thesis] (Unpublished) c 2020 The Author(s) All material available through ORBIT is protected by intellectual property law, including copy- right law. Any use made of the contents should comply with the relevant law. Deposit Guide Contact: email Criminal Trials, Economic Dimensions of State Crime, and the Politics of Time in International Criminal Law A German-Argentine constellation Hannah C. Franzki School of Law Birkbeck College, University of London Thesis Submitted for the Degree of Doctor of Philosophy December 2016 2 I hereby declare that the work presented in this thesis is my own, except where explicit reference is made to the work of others. Hannah C. Franzki Abstract In the past thirty years, International Criminal Law (ICL) has established itself as an influential framework through which claims for justice in relation to the past can be mediated. This thesis offers a critique of the particular way in which ICL links history, law and justice. To this end, it contrasts a transitional justice perspective on trials in response to state crime, with one that looks at such trials as sites of competing politics of time. While the former focuses on the stabilisation of political authority, the later privileges its destabilisation. -
Title Argentine Community Project Dates 1997-2001 Extent 18
Title Argentine Community Project Dates 1997-2001 Extent 18 interviews (7 in Spanish) Repository Center for Oral and Public History California State University, Fullerton Project Abstract This study, conducted as part of a master's thesis, addresses the historical setting and cultural parameters of the Argentine community in the Los Angeles Basin, the San Fernando Valley, and Orange County. While every immigrant group to come to the United States has left its impact in one form or another as it adapted to the new country, the Argentine immigrant has generally blended unobtrusively into mainstream American society. These interviews explore the current social position of the Argentine immigrant in the greater Los Angeles area, the social contributions and difficulties encountered in an area that traditionally both encourages and hinders its Hispanic population, and the manner in which this group maintains its cultural integrity. The significance of the research is found in understanding not only how Argentines are perceived within the framework of the United States but also gives voice to individual histories. Restrictions None Literary Rights and Quotations The manuscripts are made available for research purposes only. No part of the manuscripts may be quoted for publication without the written permission of the Center for Oral and Public History, California State University, Fullerton. Requests for permission to quote from completed publications should be addressed to: Center for Oral and Public History California State University, Fullerton P.O. Box 6846 Fullerton, CA 92834 The request should include identification of the specific passages and identification of the user. OH# 2622 Narrator: Albion, Silvia (1958- ) Interviewer: Carlota F.