justice in perspective

LATEST UPDATE

January 2008: 9 of the highest Juntas were brought to trial, 5 of whom were found guilty. However, in 1987, further prosecutions were effectively ruled out by two laws, the first of which prevented further charges from being brought, the second of which forbade the prosecution of military officers acting under orders.

Click here to read more


TRANSITIONAL JUSTICE PROCESSES

Message
  • There is no result.

Argentina:

National Commission on the Disappearances of Persons

south argentinaNAME OF MECHANISM

Comisión Nacional para la Desaparición de Personas - National Commission on the Disappearances of Persons (CONADEP). Also known as 'The Sábato Commission'.

YEARS OF OPERATION

1983-1984 (9 months)

MANDATE AND OPERATIONS

Mandate: Established after the restoration of democracy in 1983 by President Alfonsin to document cases of disappearances that took place under Junta rule, between 1976-1983. It was to collect and document evidence which could be passed on to the courts where applicable. CONADEP was given access to all government facilities, and the Security Forces were ordered to co-operate with the investigations. However the Commission did not have the power to compel people to talk, and many military documents had been destroyed.

Staff: Made up of 13 Commissioners and approx 60 additional staff.

Structure: The Commission presided over hearings of thousands of cases of abduction, disappearances, torture and executions, and took over 7,000 statements.

Results: Documented 8,960 cases of disappearances. Unspecified number of victims of torture or prolonged detention. Additionally, identified detention and torture camps (365 centres in total)

FINAL REPORT

The final report contained 50 000 pages of information. A summary was published under the title Nunca Más (Never Again) (1985)

[Click here to read Nunca Más in Spanish] [Click here to read Nunca Más in English]

The report emphasised that, contrary to the statements of the perpetrators, those that were taken, tortured and disappeared were not limited to members of political organisations known to carry out acts of terrorism. The victims were from all walks of life, thousands of whom were never conected in any way with such groups or acts, and who were not tortured for information (since they did not have any) but for pleasure.

The report noted the existence of secret detention centres and stated that members of the Armed Forces and Security Forces were amongst the perpetrators.

The extensive report given to the President included a list of all the miltary personnel believed to have been involved in the disappearances and torture. This list was leaked to the press, and published.

The report's recommendations included the passing of laws granting reparations to the families of the disappeared and the undertaking of investigations concerning those that remain missing, estimated to be around 9000 people.

LATEST UPDATE

January 2008: 9 of the highest Juntas were brought to trial, 5 of whom were found guilty. However, in 1987, further prosecutions were effectively ruled out by two laws, the first of which prevented further charges from being brought, the second of which forbade the prosecution of military officers acting under orders.

In 2004, the state set aside $3 billion for reparations. However compensation was difficult to access since it was necessary for victims to prove that they had been detained without trial some time between 1976 and 1979, but the military were unwilling to provide the documentation that would constitute such proof.