AMIA CASE Report on the Judicial Activity
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Brett J. Kyle Dissertation
RECYCLING DICTATORS: EX-AUTHORITARIANS IN NEW DEMOCRACIES by Brett J. Kyle A dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy (Political Science) at the UNIVERSITY OF WISCONSIN-MADISON 2013 Date of final oral examination: 08/26/13 The dissertation is approved by the following members of the Final Oral Committee: Christina Ewig, Associate Professor, Political Science Scott Straus, Professor, Political Science David Canon, Professor, Political Science Noam Lupu, Assistant Professor, Political Science Henry Dietz, Professor, Government © Copyright by Brett J. Kyle 2013 All Rights Reserved i To my parents, Linda Davis Kyle and J. Richard Kyle ii ACKNOWLEDGMENTS This dissertation would not have been possible without the support of my family, friends, and colleagues. In particular, I would like to thank my co-chairs, Christina Ewig and Scott Straus, for their guidance, feedback, and questions in the development and writing process; and my committee members—David Canon, Noam Lupu, and Henry Dietz—for their insights and attention to the project. I would also like to thank Leigh Payne for her direction and consistent interest in the dissertation. In addition, Andy Reiter has been a crucial guide throughout the process. The research for this project received financial support from the UW-Madison Latin American Caribbean and Iberian Studies Tinker/Nave Grant, the Vilas Travel Grant, and the Department of Political Science’s Summer Research Initiative. Finally, I would like to thank my parents, Linda Davis Kyle and Richard Kyle, and my brother, Brock Kyle, for always being there for me and for always seeing the value of my efforts. -
Contemporary Civil-Military Relations in Brazil and Argentina : Bargaining for Political Reality
University of Massachusetts Amherst ScholarWorks@UMass Amherst Masters Theses 1911 - February 2014 1996 Contemporary civil-military relations in Brazil and Argentina : bargaining for political reality. Carlos P. Baía University of Massachusetts Amherst Follow this and additional works at: https://scholarworks.umass.edu/theses Baía, Carlos P., "Contemporary civil-military relations in Brazil and Argentina : bargaining for political reality." (1996). Masters Theses 1911 - February 2014. 2541. Retrieved from https://scholarworks.umass.edu/theses/2541 This thesis is brought to you for free and open access by ScholarWorks@UMass Amherst. It has been accepted for inclusion in Masters Theses 1911 - February 2014 by an authorized administrator of ScholarWorks@UMass Amherst. For more information, please contact [email protected]. c CONTEMPORARY CIVIL-MILITARY RELATIONS IN BRAZIL AND ARGENTINA BARGAINING FOR POLITICAL REALITY A Thesis Presented by CARLOS P. BAIA Submitted to the Graduate School of the University of Massachusetts Amherst in partial fulfillment of the requirements for the degree of MASTER OF ARTS September 1996 Political Science © Copyright by Carlos Pereira Bafa 1996 All Rights Reserved CONTEMPORARY CIVIL-MILITARY RELATIONS IN BRAZIL AND ARGENTINA BARGAINING FOR POLITICAL REALITY A Thesis Presented by CARLOS P. BAIA Approved as to style and content by: Howard Wiarda, Chair Eric Einhorn, Member Eric Einhom, Department Head Political Science ACKNOWLEDGMENTS This work would not have been possible without the invaluable contributions of Howard Wiarda, Eric Einhorn, Timothy Steingega, Anthony Spanakos, Moise Tirado, Tilo Stolz, Edgar Brignoni, Susan Iwanicki, and Larissa Ruiz. To them I express my sincere gratitude. I also owe special thanks to the United States Department of Education for granting me a Foreign Language and Area Studies Fellowship to complete this research. -
Executive Leadership and the Continuing Quest for Justice in Argentina
Executive Leadership and the Continuing Quest for Justice in Argentina Terence Roehrig Human Rights Quarterly, Volume 31, Number 3, August 2009, pp. 721-747 (Article) Published by The Johns Hopkins University Press DOI: 10.1353/hrq.0.0097 For additional information about this article http://muse.jhu.edu/journals/hrq/summary/v031/31.3.roehrig.html Access Provided by Stetson University at 01/17/11 6:18PM GMT HUMAN RIGHTS QUARTERLY Executive Leadership and the Continuing Quest for Justice in Argentina Terence Roehrig* ABSTRACT After Argentina transitioned from military rule to democracy, the new civilian government attempted to prosecute members of the former military regime for human rights abuses. However, military rebellions, pardons, and amnesty laws prevented all but a few from being held accountable for past crimes. In 2003, President Néstor Kirchner along with the Argentine legislature and Supreme Court opened the door for further prosecution. Though many contributed to the revival of these efforts to prosecute military personnel and police, it was the actions of President Kirchner that were most crucial in removing the obstacles necessary to resume judicial proceedings. * Terence Roehrig is an Associate Professor in the National Security Decision Making Depart- ment at the U.S. Naval War College. He is a co-author of a forthcoming book entitled South Korea since 1980: Democratization, Economic Struggle, and Nuclear Crisis (Cambridge University Press, 2010) with Uk Heo. In addition, he is the author of two books, From De- terrence to Engagement: The U.S. Defense Commitment to South Korea (Lexington Books, 2006) and The Prosecution of Former Military Leaders in Newly Democratic Nations: The Cases of Argentina, Greece, and South Korea (McFarland Press, 2002), and coeditor of Ko- rean Security in a Changing East Asia (Praeger, 2007). -
Timeline of Events; January 18, 2015-June 24, 2019
Timeline of Events; January 18, 2015-June 24, 2019 January 18, 20151 - Prosecutor Alberto Nisman is found dead from a gunshot to the head, hours before he is scheduled to appear in front of a Committee of the Argentine Congress to present his findings that President Cristina Fernandez de Kirchner and her Foreign Minister sought to cover up Iran’s involvement in the AMIA bombing. Within hours, Kirchner called it a suicide, which was later refuted by formal investigations. January 29, 20152 - Nisman’s IT technician and aide Diego Lagomarsino says that the prosecutor had asked to borrow a gun from him prior to his death saying Nisman told him he feared for his and his daughters’ lives. (Lagomarsino was later found to be an accomplice to Nisman’s murder). February 10, 20153 – Forensic investigators find that there was no trace of gun powder on Nisman’s hands. February 18, 20154 – Tens of thousands of Argentine protestors marched the streets of Buenos Aires in honor of Alberto Nisman. The demonstration was a call for justice and a fervent denunciation of the government’s handling of the investigation into Nisman’s death. February 26, 20155 - Federal judge Daniel Rafecas dismisses Nisman’s allegations against Kirchner, saying the evidence fails to meet “the minimal conditions needed to launch a formal court investigation.” January 15, 20166 - New president Mauricio Macri orders the declassification of files related to Nisman’s death. August 5, 20167 - Federal Judge Claudio Bonadio ordered the reopening of Nisman’s criminal complaint against former president Cristina Kirchner, which accused her of conspiring to shield from prosecution former Iranian officials believed to be behind the AMIA attack in exchange for favorable trade agreements. -
The International Tactics of the Amia Case: the Relevance of the Inter-American Commission on Human Rights in the Pursuit of Justice
THE INTERNATIONAL TACTICS OF THE AMIA CASE: THE RELEVANCE OF THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS IN THE PURSUIT OF JUSTICE Gastón Chillier* ABSTRACT The AMIA bombing of 1994 is the most scarring terrorist attack in the history of Argentina. As of today, the attack remains a divisive and highly sensitive topic in Argentinian politics. However, the current political relevance of the case does not derive as much from the attack itself than from the initial manipulation of the criminal investigations. The case today exists as a symbol of impunity fabricated by deliberate collusion between intelligence authorities, the judiciary and a part of the political system. The manipulation in the AMIA investigations was so pervasive that the Argentinian government recognized it before the Inter-American Commission on Human Rights in 2005. However, the case remains unresolved and the victims still await justice. This article traces how the struggle of the victims evolved to pursue different claims of justice. For this purpose, the article uses the concept of “boomerang” mechanisms, a well-known conceptualization of human rights politics, to offer a more complex perspective of the fluid interaction between domestic and international activity. The victims relied on the Inter-American Commission on Human Rights (IACHR) to boost the investigations and the implementation of a decree meant to provide reparations. Memoria Activa and their allies activated these interactions at contingent moments of the struggle to overcome impasses and * Gastón Chillier is the Executive Director of Centro de Estudios Legales y Sociales [CELS]. This paper is a collective effort of CELS’s team in which Erika Schmidhuber, Edurne Cárdenas and Michelle Cañas have taken part. -
Developments of the Democratization of Intelligence in Argentina: Trends in Secrecy Policy
Developments of the democratization of intelligence in Argentina: Trends in secrecy policy. Implications for comparing transitional settings. Eduardo E. Estévez * (draft version) Paper to be delivered at the 4th ECPR (European Consortium for Political Research) Conference, Pisa, Italy September 6, 2007 Section: Perspectives on Intelligence Governance Panel on Intelligence Democratisation: Post-military/post-communist regimes Contents: Introduction: secrecy, intelligence and openness ............................................................ 1 Driving forces managing changes in secrecy policies ..................................................... 3 About secrecy ............................................................................................................... 3 About the rule-of-law................................................................................................... 4 Files, human rights and transitional justice.................................................................... 6 Regimes and transitions ................................................................................................ 8 Elements...................................................................................................................... 9 Secrecy policy and intelligence: developments in Argentina........................................ 10 Argentina’s recent history............................................................................................ 10 Current legal framework............................................................................................ -
State and Civil Society in Argentina (1983-1989)
Human Rights Policy After the Dirty War: State and Civil Society in Argentina (1983-1989) A thesis presented to the faculty of the Center for International Studies of Ohio University In partial fulfillment of the requirements for the degree Master of Arts Lauren M. Cutcher June 2009 © 2009 Lauren M. Cutcher. All Rights Reserved. 2 This thesis titled Human Rights Policy After the Dirty War: State and Civil Society in Argentina (1983-1989) by LAUREN M. CUTCHER has been approved for the Center for International Studies by Patrick Barr-Melej Associate Professor of History Betsy J. Partyka Director, Latin American Studies Daniel Weiner Executive Director, Center for International Studies 3 ABSTRACT CUTCHER, LAUREN M., M.A., June 2009, Latin American Studies Human Rights Policy After the Dirty War: State and Civil Society in Argentina (1983- 1989) (123 pp.) Director of Thesis: Patrick Barr-Melej This thesis analyzes human rights policy in Argentina after the Dirty War (1976- 1983). In particular, I argue that the formulation of human rights policy under Raúl Alfonsín (1983-1989) was contingent on several layers of relationships, 1) that of the state and civil society, and 2) the internal struggles within civil society and within the state. Moreover, the tradition of authoritarianism and its role in Argentine institutions further impacted the nature of these relationships. For the purpose of this study, the state refers to the presidential administration, the military, Argentine Courts and Congress, while civil society refers to the human rights organizations (HROs). The author conducted oral history interviews with different members of the human rights organizations, in order to gain personal testimony from those involved in the period in question. -
Terrorism Issues
Latin America: Terrorism Issues Updated December 15, 2016 Congressional Research Service https://crsreports.congress.gov RS21049 Latin America: Terrorism Issues Summary Compared to other parts of the world, the potential threat emanating from terrorism is low in most countries in Latin America. Most terrorist acts occur in the Andean region of South America, committed by two Colombian guerrilla groups—the Revolutionary Armed Forces of Colombia (FARC) and the National Liberation Army (ELN)—and one Peruvian guerrilla group, the Shining Path (SL). All three of these groups have been designated by the U.S. State Department as Foreign Terrorist Organizations (FTOs). The FARC, however, has been engaged in peace negotiations with the Colombian government since 2012, culminating in a peace accord signed in September 2016. Although the accord was narrowly rejected by a national plebiscite in early October, both sides hammered out a new peace accord in November 2016, which was ratified by Colombia’s Congress at the end of that month. Negotiations between the Colombian government and the smaller ELN had several false starts in 2016, although to date formal talks with the government have not started. The Shining Path has been significantly diminished because of Peruvian military operations. For a number of years, there has also been U.S. concern about Iran’s increasing activities in the region as well as those of Hezbollah, the radical Lebanon-based Islamic group with close ties to Iran. Both are reported to be linked to the 1994 bombing of the Argentine-Israeli Mutual Association (AMIA) that killed 85 people in Buenos Aires. -
Argentina: Background and U.S
Argentina: Background and U.S. Relations Mark P. Sullivan Specialist in Latin American Affairs Rebecca M. Nelson Specialist in International Trade and Finance August 11, 2015 Congressional Research Service 7-5700 www.crs.gov R43816 Argentina: Background and U.S. Relations Summary Argentina, a South American country with a population of almost 42 million, has had a vibrant democratic tradition since its military relinquished power in 1983. Current President Cristina Fernández de Kirchner, from a center-left faction of the Peronist party, the Front for Victory (FPV), was first elected in 2007 (succeeding her husband, Néstor Kirchner, who served one term) and is now in the final months of her second term. Argentina’s constitution does not allow for more than two successive terms, so President Fernández is ineligible to run in the next presidential election, with a first round scheduled for October 25, 2015. Eleven candidates competed in an August 9, 2015, combined open primary for electoral alliances, and three top candidates emerged: Daniel Scioli, governor of Buenos Aires province under the banner of President Fernández’s FPV; Mauricio Macri, mayor of Buenos Aires, heading the Let’s Change coalition that includes center-right and center-left opposition parties; and Sergio Massa, a deputy in Argentina’s Congress, who heads a centrist dissident Peronist faction known as United for a New Alternative. Argentina has Latin America’s third-largest economy and is endowed with vast natural resources. Agriculture has traditionally been a main economic driver, but the country also has a diversified industrial base and a highly educated population. -
Information to Users
INFORMATION TO USERS This manuscript has been reproduced from the microfilm master. UMI films the text directly from the original or copy submitted. Thus, some thesis and dissertation copies are in typewriter face, while others may be from any type of computer printer. The quality of this reproduction is dependent upon the quality of the copy submitted. Broken or indistinct print, colored or poor quality illustrations and photographs, print bleedthrough, substandard margins, and improper alignment can adversely affect reproduction. In the unlikely event that the author did not send UMI a complete manuscript and there are missing pages, these will be noted. Also, if unauthorized copyright material had to be removed, a note will indicate the deletion. Oversize materials (e.g., maps, drawings, charts) are reproduced by sectioning the original, beginning at the upper left-hand comer and continuing from left to right in equal sections with small overlaps. Each original is also photographed in one exposure and is included in reduced form at the back of the book. Photographs included in the original manuscript have been reproduced xerographically in this copy. Higher quality 6” x 9” black and white photographic prints are available for any photographs or illustrations appearing in this copy for an additional charge. Contact UMI directly to order. UMI A Bell & Howell Information Company 300 North Zeeb Road, Ann Arbor MI 48106-1346 USA 313/761-4700 800/521-0600 THE IMPACT OF POLITICAL INSTITUTIONS ON PROGRESS WITH HSCAL REFORM: THE CASE OF ARGENTINA IN COMPARATIVE PERSPECTIVE DISSERTAHON Presented in Partial Fulfillment o f the Requirements for the Degree Doctor of Philosophy in the Graduate School of The Ohio State University By John Mark Payne, B.A. -
Argentina 2018 Human Rights Report
ARGENTINA 2018 HUMAN RIGHTS REPORT EXECUTIVE SUMMARY Argentina is a federal constitutional republic. Mauricio Macri was elected president in 2015 in elections generally considered free and fair. Civilian authorities maintained effective control over the security forces. Human rights issues included torture by federal and provincial police; harsh and life-threatening prison conditions; interference in judicial independence; corruption at all levels of government; gender-based killings of women; and forced labor despite government efforts to combat it. Judicial authorities indicted and prosecuted a number of current and former government officials who committed abuses during the year, as well as officials who committed dictatorship-era crimes. Section 1. Respect for the Integrity of the Person, Including Freedom from: a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings There were no reports that the government or its agents committed arbitrary or unlawful killings. The Committee against Torture of the Buenos Aires Provincial Memory Commission reported 121 deaths in 2017 due to unwarranted or excessive force by police in the metropolitan area of Buenos Aires. A credible domestic nongovernmental organization (NGO) reported there were 258 deaths in 2017 as a result of unwarranted or excessive force by police in the country. On June 20, 18 police officers were indicted for tampering with the official autopsy to hide signs of violence in the case of Franco Casco, who allegedly died in police custody in 2014, and for failing to register Casco’s original detention in police reports. At year’s end 10 of those officers remained in pretrial detention. Federal prosecutors removed charges against the remaining police officers. -
Southwestern Journal of International Law
SOUTHWESTERN JOURNAL OF INTERNATIONAL LAW VOLUME XXVI 2020 NUMBER 1 2019 SYMPOSIUM TWENTY-FIVE YEARS AFTER ARGENTINA’S AMIA BOMBING: JUSTICE VS. IMPUNITY ARTICLES Keynote Address: Inter-American Commission on Human Rights’ Observer at the AMIA Bombing Trial Claudio Grossman The Use of Evidence Provided by Intelligence Agencies in Terrorism Prosecutions: Challenges and Lessons Learned from Argentina’s AMIA Bombing Leonardo Filippini The AMIA Special Investigation Unit: An Overview of Its History and a Proposal for the Future Agustin Cavana Acting as Private Prosecutor in the AMIA Case Alberto L. Zuppi NOTES & COMMENTS Knocking Down the One-Room Brothel in Hong Kong Virginia Wong America’s Scarlet Letter: How International Law Supports the Removal and Preservation of Confederate Monuments as World Heritage of America’s Discriminatory History Blake Newman Nuclear Weapons and the Need for a No-First-Use Agreement Between the United States and South Korea For North Korea Ryan Chang SOUTHWESTERN JOURNAL OF INTERNATIONAL LAW VOLUME XXVI 2020 NUMBER 1 TABLE OF CONTENTS 2019 SYMPOSIUM - TWENTY-FIVE YEARS AFTER ARGENTINA’S AMIA BOMBING: JUSTICE VS. IMPUNITY KEYNOTE ADDRESS: INTER-AMERICAN COMMISSION ON HUMAN RIGHTS’ OBSERVER AT THE AMIA BOMBING TRIAL ............................................................ 1 Claudio Grossman ARTICLES THE USE OF EVIDENCE PROVIDED BY INTELLIGENCE AGENCIES IN TERRORISM PROSECUTIONS: CHALLENGES AND LESSONS LEARNED FROM ARGENTINA’S AMIA BOMBING ................................................................................. 11 Leonardo Filippini THE AMIA SPECIAL INVESTIGATION UNIT: AN OVERVIEW OF ITS HISTORY AND A PROPOSAL FOR THE FUTURE ........................................................................ 39 Agustín Cavana ACTING AS PRIVATE PROSECUTOR IN THE AMIA CASE ...................................... 83 Alberto L. Zuppi NOTES & COMMENTS KNOCKING DOWN THE ONE-ROOM BROTHEL IN HONG KONG ........................