JUDGE GARZÓN'S RULING ON STATE TERRORISM

SENTENCE ISSUED BY JUDGE GARZON


Proceeding: SUMMARY 19/97-L

TERRORISM and GENOCIDE

Main Examining Magistrate’s Court

No. FIVE

NATIONAL HEARING

MADRID

RESOLUTION

In Madrid on the 2nd day of November 1999.

ANTECEDENTS

FIRST.- These procedure was started because of resolution dated March 28, 1996 due to a file of the Prosecutor’s Association.

SECOND.- By decision dated June 10, 1996 the criminal complaints filed by the Free Association of Attorneys, the Argenshatine Association for Human Rights in Madrid and the Political Group Izquierda Unida were admitted.

THIRD.- On June 28, 1996 they declared the jurisdiction of the Spaniard Venue, and within the latter they chose Court No. 5 to understand in the complaint.

FOURTH.- Through different resolutions different individuals were accused as allegedly responsible for the Crimes investigated hereunder. On October 16 1998 a Resolution was issued were the 157 indicted so far were related.


Reference regarding the legal background of the Decision and the part thereof regarding the Case of Eduardo Saiegh:

“Section One of the International Agreement on Human Rights states: “The Parties hereto confirm that Genocide made either in times of peace or war, entail a crime of International Law and they commit to prevent and to punish said actions ".

“and Section 2 states the definition of genocide: "any action of those mentioned below: perpetration with the intent to destroy a national, ethnic, racial or religious group, in wholly or in part".

“4.- As regards the financial aspect the victims of Jewish origin were the preferred target of the Military for pillaging. They illegitimately took their property and assets further to the detention, or used extortion to obtain the transfer of said assets on their behalf. Thus, Jewish businessmen were normally included in “extortive kidnappings” to have them self-liquidate their assets, and giving the same in favor of Officers connected with the Military Dictatorship. In some cases like Eduardo Saiegh’s, apprehended on October 30, 1980, they kept him captive for one week. During said period he was tortured to have him confess alleged crimes to justify the liquidation of the Banco Latino Americano, since Saiegh was a Director of the Bank. Once released, the Board was forced to apply for the “voluntary” self-liquidation of the Bank, but maintaining Eduardo Saiegh’s assets as a guarantee. In similar conditions, José Siderman was kidnapped on March 24, 1976 and released a week later in the suburbs of Tucumán with a note on his pocket suggesting him to leave the country. In fact, and because of the fear and panic resulting of this detention, he immediately left. His assets were later confiscated and divided by the State. In 1996 and further to a trial filed by Siderman in the US, he came to an agreement with the Government of Argentina receiving compensation as a result thereof.”

”the data provided here as an example, show that the violent action against the Jewish Community in Argentina during the Military Dictatorship was something planned beforehand and institutionalized as one more instrument of those applied by the ideological purposes of the National Reorganization Process. The Ethnic origin of the Jewish was a fact that aggravated and made more cruel their treatment, the tortures and termination.”

 



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