pages with parallel administrative and criminal proceedings, fraud committed over a three-year
period in 14 different units of the Air Force, large sums of money and a complicated, highly
technical accounting investigation. The State argues that the principal defendant, then-Vice
Commodore Galluzzi, fled the country and only presented himself before the authorities on
April 1, 1982, thereby delaying the investigation. Additionally, the State emphasizes that delay
in the trial stage was largely attributable to actions brought by the defendants, which had the
effect of interrupting the proceedings. It further contends that, as the alleged victims had
attempted to seek the benefit of the expiration of the statute of limitations on the crimes, the
delay in the trial could not be imputed to the State.
36. In response to the petitioners’ claims that the defendants lacked the assistance of a lawyer
at trial in violation of Article 8, the State indicates that neither the judges nor the defenders in
military proceedings were required to be lawyers. However, the State points out that the
armed forces includes a Cuerpo de Auditores, comprised of military personnel who graduated
in law prior to joining the military. Defendants in military proceedings were free to designate
members of this Corps as their defenders, and in numerous cases had done so. The State
further indicates that when such defendants chose a command official to handle their defense,
it was a common practice for such officials to be advised by a member of the Cuerpo de
Auditores in all presentations. Moreover, the State notes, when the proceedings passed to the
appeals stage, the defendants were either represented by their own attorneys or qualified
public defenders.
37. In relation to the assertion that the defendants were compelled to declare against their
own interests in violation of Article 8, the State argues first, that the defendants’ initial
statements were taken prior to the entry into force of the American Convention with respect to
Argentina, and that because the American Declaration does not contain a similar provision this
claim is inadmissible. The State maintains that the statements were duly taken in accordance
with the requirements of the Code of Military Justice. According to the provisions of the Code
then in effect, in taking such statements, an oath or promise to tell the truth could not be
required, but it could be strongly encouraged. Moreover, the State adds, the defendants were
not convicted solely on the basis of their statements, but on the basis of other evidence as
well.
38. In relation to the claims under Article 8 to the effect that the alleged victims were unable
to appeal their sentences before a higher court, the State maintains that the National Chamber
of Criminal Casation processed the defendants’ appeal and pronounced upon it as a court of
second instance. In this sense, the State cites Article 7 of Law 24.050, which established the
competence of the National Chamber of Criminal Casation, and directed that one of its
chambers hear the recourses set forth in Article 445 bis of the Code of Military Justice.
39. In relation to the violations alleged with respect to equal protection of the law under Article
24 of the American Convention, the State affirms that not all differences of treatment are
violative of this principle, but only those that lack a reasonable and objective justification. In
the present case, the alleged victims were members of the military, committed the crimes for
which they were prosecuted in military installations and against the interests of the military.
The application of the Code of Military Justice therefore gave rise to no violation of the
principle of equal protection.
40. With respect to alleged violations of the right to judicial protection set forth in Article 25 of
the American Convention, the State argues that the proceedings complied with the due
process norms set forth in the military justice system. The State reiterates that the military
justice system may not be measured against the civilian justice system, as the petitioners wish
to do, because the procedures and interests concerned are necessarily distinct. The State
rejects any claims to the effect that the appeals before the National Chamber of Criminal
Casation or Supreme Court were not adequately dealt with, noting that the Chamber in fact
upheld certain claims raised by the defendants.
41. With respect to the petitioners’ claims that the Supreme Council refused to order the
production of or accept certain relevant evidence, and that this was violative of basic judicial
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