ICJ Review-31-1983-Eng

W Sf£R For the Rule o f Law THE REVIEW international commission o f ju r is t s HUMAN RIGHTS IN THE WORLD Argentina 1 Sri Lanka 20 Indonesia 6 Tanzania 26 Lebanon 9 Uruguay 29 South Africa 16 COMMENTARIES ILO Studies on Discrimination in Employment 35 UN Sub-Commission 37 Human Rights Committee 42 European Draft Convention Against Torture 50 ARTICLES The Universal Declaration at 35 Philip Alston 60 Human Rights and the Peace of Nations John P. Humphrey 71 Restructuring Democracy in Turkey Bulent Tanor 75 BASIC TEXT Principles of Medical Ethics 87 No. 31 December 1983 Editor: Niall MacDermot Human Rights in the World Argentina October 30 1983 will be remembered basic human rights and fundamental free for ever in Argentine history as the date doms, and the destruction of democratic that heralded the start of the return to a principles and their replacement by others democratic way of life after nearly eight of a repressive and authoritarian nature. years of military government. On that day, The dictatorship’s so-called “military pro presidential and legislative elections were cess of national reconstruction” aroused held in Argentina, and took place in a tran violent emotions by adopting a “dirty war” quil and orderly atmosphere. A very high strategy, first against subversive groups and percentage of the electorate - apart from later against all opposition, whether legal the tens of thousands of exiles who were or illegal. It was a political repression that unable to vote - went to the polls and cast knew no limits and that constituted a veri their vote unmistakably for democracy. table State-sponsored terrorism practised The Radical Party won by a wide margin by the armed forces and police acting both with 52% of the votes cast, followed by the officially and as paramilitary extremist Partido Justicialista (the Peronists) with bands, organized and managed from the 40%. summit of political power. In short, the The military junta, which, on 26 Marchmilitary government in Argentina failed to 1976, had removed from office a legiti assume its responsibilities under both na mately elected civilian government and tional and international law to protect the proclaimed itself the supreme governing inhabitants of the country and ensure their body of the State, must now give way to a enjoyment of their rights. The elaborate civilian government. legal system for the protection of human Those eight years of military govern rights ceased to function in relation to ment have, however, left a tremendous violations by the armed forces and police debit balance: thousands of dead, hundreds in connection with State security (as the of political prisoners, a list of “disappear military understand this concept). ed” persons which the most conservative The military regime was an utter failure estimates place at 15,000*, tens — perhaps in every field, in human rights as well as in hundreds — of thousands of exiles, the de economic matters. Military control was ex nial and systematic violation of the most tended over the life of the nation in order * There are documented lists showing the circumstances of arrest or kidnapping of some 7,000 of the disappeared. The human rights organisations in Argentina which have investigated the disappearances are convinced that these lists represent less than half of the total number of disappeared. to introduce a particular social, political to democracy and the achievement of na and economic model, which met with resis tional reconciliation and social peace. tance from the people. To impose that pol icy, the military had to close Parliament, ban the activities of political parties and Defence of Democracy Law trade unions, censor the press, restructure education along dogmatic lines, and alter This law, dated 26 September 1983, is the institutional system through which theknown as the law on the defence of democ State functioned. The result of the “model” racy or repression of terrorism. Although it was the worst crisis in the history of a gave the ordinary courts of justice jurisdic country that had the potential to be one of tion over cases of terrorism — since the the richest in South America. Paralysis and 1976 coup they have been tried by military closure of industrial and business compa courts — many of its aspects are open to nies was followed by unemployment of criticism. It was not of course approved by more than 20%, and wages that are totally the Parliament, which was dissolved after inadequate for those who have managed to the military coup d’etat, nor was its adop keep their jobs. The inflation rate is already tion preceded by a debate in which the 600% this year, the external debt is 40,000 opinions of lawyers, judges and others were million dollars and these are accompanied expressed and exchanged. The law estab by financial scandals and widespread cor lishes a procedure for pre-trial judicial in ruption in the higher civilian and military vestigation, and confers unduly wide pow spheres. ers on the security forces and police, who The failure of the regime in its own mili are authorized to enter and search houses tary sphere by losing the war with the at any hour of the day or night, and to United Kingdom for the possession of the search and detain people, all without a pre Falkland Islands (Malvinas) is also impor viously issued judicial warrant, the only re tant in order to understand the call for quirement being that the agents concerned elections and a return to democratic life. should notify the judge involved in the case All these factors, to which must be ad after the investigation has been completed. ded the unceasing resistance of many sec They may also intercept written and tele tors of society, such as human rights orgagraphic communications and listen in to nisations, the families of missing persons, telephone conversations. Moreover, they the trade unions and the political parties, can hold people in custody for 48 hours gradually forced the military junta to call without bringing them before a judge and, elections at the end of October with the in with the consent of the judge, extend the tention of handing over power in January period during which they are held incom 1984 to the civilian government elected by municado to as much as 15 days. Lastly, the people. The date has now been ad there is no possibility of appeal from the vanced and the new government is due to decision of the court in these cases. take office on 10 December 1983. There can be no doubt that the task confronting the new government is enor The ‘Self-Amnesty’ Law mous. Shortly before the elections, two new laws were approved by the military Law No. 22,924 has much more serious government. These laws will be a further implications than the defence of democra obstacle on the already difficult road back cy law and has given rise to a tremendous wave of protest. It was approved on 23 Sep sing persons. tember 1983 and is entitled the “Amnesty The problem of the disappeared is one Law”. Under its provisions the military, of the most serious consequences of the apart from pardoning certain crimes com military dictatorship. As already indicated, mitted with a political motive or purpose, it appears that more than 15,000 persons use the amnesty mainly to exonerate themdisappeared in Argentina in the last few selves from blame for all the violations of years. They were, in nearly every case, po human rights committed during the period litical opponents of the government, critics between 25 May 1973 and 17 June 1982. of its actions, or had simply denounced This law was preceded by the “Final violations of human rights. Of the docu Document of the Military Junta on the War mented cases, 80% were arrested by mem against Subversion and Terrorism”, pub bers of the armed forces or the police, lished on 28 April 1983, and rejected open sometimes in the presence of numerous ly and clearly, at both the national and in witnesses, at their homes, places of work or ternational levels (within the country by study, or on the street. The families of the the main Argentine human rights organisa persons who vanished in this way then suf tions, by the families of the persons who fered the anguish of searching for informa have disappeared, by the political parties tion about them, approaching all the offi and groups, by the trade unions and by the cial institutions, exhausting every possibili Argentine Episcopal Conference). This doc ty offered to them by national law, and ument, like the Institutional Act by which even appealing for international action, it was approved, after recognising and un without, in the vast majority of cases, equivocally admitting that the actions and learning anything as to the whereabouts operations undertaken against subversive and fate of their loved ones. As far as the organisations and against individuals were military junta is concerned, these missing invariably undertaken by military and pol persons are to be considered dead and their ice forces of the State, in accordance with families and friends who have searched for plans drawn up by the commando units of them for years will never know - if indeed the armed forces and by the military junta they did die - who killed them, where, itself, concludes that “the excesses” com when and for what reason. mitted which “at times overstepped the Among the presumed deaths are those limits of human rights” were justified by of more than a hundred children who were the nature of the struggle, and that these arrested with their parents or who were “excesses” may not be investigated by huborn while their mothers were held in cap man justice but must be left to the judg tivity.

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