2024-03-22 00:56:39
Three days before March 24, The Federal Court of Cassation rejected the request for house arrest of a repressor and reiterated thataccording to international treaties with constitutional status, Those convicted of crimes against humanity cannot enjoy pardons, amnesties or any other benefits. of that nature. One of the judges indicated that, otherwise, “a passage of impunity would be entered again” that “constitutes an insult to the victims” of the last civil-military dictatorship.
The highest criminal court rejected the proposal for house arrest Bernardo Caballero, a former military man who was part of the Intelligence area of the Military Institutes Command, convicted in the mega-case known as “Campo de Mayo.” House arrest was denied by the judges Alejandro Slokar and Angela Ledesmawhile the third member of the court, Guillermo Yacobucci, was inclined to request reports from the Forensic Medical Corps prior to adopting a decision.
Although in this case it was not a question of a release, but rather a mitigation of the fulfillment of the sentence, Judge Slokar recalled that “the early release of a person convicted of crimes against humanitywith foundations contrary to international standards, constitutes an affront to the victims, since it can expose them to violence, re-victimization and intimidation“.
The majority vote stressed that “Crimes of this nature are imprescriptible, not subject to pardon or amnesty, nor can the punitive response imposed be commuted or reduced”. Otherwise, the ruling adds, “it would be entered again into a passage of impunity that has gradually retraced during the last twenty years since the incorporation of the Human Rights treaties to the constitutionality block”.
The judge argued that The benefits must be applied “in very extreme cases and due to a prevailing need.”. This does not mean that the legal figure or measure that the State has to adopt is necessarily one that frees the convicted person and, much less, that it implies the extinction of the sentence.” According to the jurisprudence of the Inter-American Court of Human Rights, member states are required to Any element that affects the effectiveness of the sentence “must respond to a clearly verifiable objective.”
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“The international obligation to punish those responsible for serious violations of human rights with penalties appropriate to the seriousness of the criminal conduct.” cannot be unduly affected or become illusory during the execution of the sentence that imposed the sanction in accordance with the principle of proportionality,” Slokar insisted and also recalled the recent ruling of the Inter-American Court of Human Rights, issued after the pardon granted to the former president of Peru, Alberto Fujimori, in which It was highlighted that: “The execution of the sentence is also part of (the) obligation” to investigate, judge and punish.
He added that the mandates of the Working Group on Forced or Involuntary Disappearances and the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-repetition of the UN, of June 15, 2017, in regarding that “The administration of justice in the face of serious human rights violations is a central element to avoid recurrence of such violations and that promoting a culture of impunity contributes to creating vicious cycles of violence.”
Who is Bernardo Caballero?
Bernardo Caballero68 years old, He was sentenced in the first instance to 20 years in prison in 2022 along with other repressorsfor human rights violations during the dictatorship, against 350 victims. The sentences respond to the crimes of “illegal deprivation of liberty, imposition of torture, illegal search, robbery, indecent abuse, rape and homicide.”
Caballero, nicknamed “El Ángel”, was born on October 4, 1955 in the missionary town of San Ignacio. During the dictatorship, He was custodian of the clandestine detention center “El Campito”, located within Campo de Mayo, a 4,000-hectare property with different rooms for housing and torture of political prisoners. It is estimated that More than 6,000 people passed through there and the survival rate was less than 1%.
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He has been detained since October 25, 2015, when the Airport Security Police (PSA) personnel arrested him while he was attending to vote in the presidential elections that year. On November 10 of that same year he was prosecuted with preventive prisona measure that was repeatedly extended, until the arrival of the oral debate that began in 2019. The retired military officer requested house arrest on several occasions, but the benefit was always denied.
Prosecutor Gabriela Sosti told The Voice of Missions what “Campo de Mayo was hell in the open sky, beyond the volume of the horror it is important to talk about what the meaning of the horror was” and added: “In this trial there was an extremely disturbing story from one of the accused, who said that when he was in the Intelligence Department, which was where things were being cooked up in Campo de Mayo, in those meetings they sat, along with Intelligence operators of Defense Zone IV, the businessmen of the northern zone”.
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