On the subject of the mothers of the lost…
A quick synopis of the laws that were brought in to protect the murderers…
Ley de Punto Final (Full Stop Law) was passed by the National Congress of Argentina after the end of the military dictatorship of the Proceso de Reorganización Nacional (which ended in 1983).
The law dictates the end of investigation and prosecution against people accused of political violence during the dictatorship, up to the restoration of democratic rule on 10 December 1983. It was passed on 24 December 1986, after only a 3-week debate. Its text is very short; it has seven articles.
Article No. 5 excepts from the application of the law the cases of identity forgery and forced disappearance of minors.
It was proposed by the Radical administration of President Raúl Alfonsín as a means to stop the escalation of trials against military and others, after the Trial of the Juntas had dealt with the top of the military hierarchies.
In the Chamber of Deputies, 114 deputies voted for the law, 17 against, and 2 abstained; in the Senate, 25 senators voted for, and 10 against.
Given the nature of the law, it’s apparent reason for proposal the support is quite shocking.
It’s brother law is Ley de Obediencia Debida (Law of Due Obedience) also passed by the National Congress of Argentina after the end of the military dictatorship.
The law was passed on 4 June 1987.
It states that it must be assumed, without admitting proof to the contrary, that all officers and their subordinates including common personnel of the Armed Forces, the Police, the Penitentiary Service and other security agencies cannot be legally punished by crimes committed during the dictatorship as they were acting out of due obedience, that is, obeying orders from their superiors (in this case, the heads of the military government, who had already been tried in the Trial of the Juntas).
This law was passed one year after the Ley de Punto Final in order to contain the discontent of the Armed Forces.
It effectively exempted military personnel under the rank of Colonel from responsibility for their crimes, which included forced disappearances, illegal detentions, torture and murders.
Its text is rather short, with only 7 articles, the second of which contains an exception (the law does not apply to cases of rape, disappearance or identity forgery of minors, or extensive appropriation of real estate).
The Ley de Obediencia Debida and the Ley de Punto Final were repealed by the National Congress in August 2003, which allowed for the re-opening of cases that involved crimes against humanity.
The first of such cases, which involved the former Buenos Aires Provincial Police second-in-command Miguel Etchecolatz, ended in September 2006 and laid down jurisprudence by acknowledging that the dictatorship’s state terrorism was a form of genocide.
Also Spain extradited some of the Murderers that they were holding for trial, as mentioned else where.
I bet the Nazis at Nuremburg kicked themselves they hadn’t thought of the Law of Due Obedience.
It is worth noting too Most of the top officers who were tried were sentenced to life imprisonment: Jorge Rafael Videla, Emilio Eduardo Massera, Roberto Eduardo Viola, Armando Lambruschini, Raúl Agosti, Rubén Graffigna, Leopoldo Galtieri, Jorge Anaya and Basilio Lami Dozo. But President Carlos Menem then pardoned the leaders of the junta in 1989–1990.
The only pardon I would give them would be checking someone had said what I thought they had said, suggesting they should be free.
Following persistent activism by the Mothers of the Plaza de Mayo and other associations, the amnesty laws were overturned by the Argentine Supreme Court nearly twenty years later, in June 2005.
As we can see Argentina is a strange political climate with many dark secrets and bizarre laws. How the UN haven’t got involved in sorting the Dirty War out is remarkable.