Matters. Subsequently, on September 2, 2003, the National Congress enacted Law No.
25,779, which declared both laws “null and void” (infra para. 78). For its part, in a judgment
handed down on June 14, 2005, in the case known as “Simón," the Supreme Court of Justice
of the Nation found Law No. 25,779 to be “valid” and “Laws No. 23,492 and 23,521 to have
no effect.” 80 The overturning of these laws made it possible to reopen and launch different
processes to prosecute crimes committed during the military government. 81
74. The Argentine State also implemented a reparations policy for the victims of the crimes
of the dictatorship and their heirs, 82 which included different administrative mechanisms for
financial reparation. 83 Among other provisions, in 1994, Law No. 24,411 was enacted, which
established financial benefits would be granted to disappeared or deceased persons, “through
their heirs.” In 2004, Law No. 25,914 was issued, which established compensation for those
persons “born while their mothers were in detention,” as well as “those who, as minors, had
been held in any kind of detention in relation to their parents,” or that “had been victims of
identity switch.” Law No. 26,913 was enacted in 2013. Entitled the "System of Redress for
former Political Prisoners of the Argentine Republic," it created an "ex gratia pension" whose
beneficiaries included those who until December 10, 1983, had been held in detention “as a
result of the actions of the Armed Forces, the Security Forces, or any other group” (infra paras.
81, 82 and 83).
B. Relevant legal framework
75. In the area of criminal prosecution of crimes committed during the dictatorship in
Argentina, Laws No. 23,492, 23,521, and 25,779 are relevant (supra paras. 72 and 73).
76.
The pertinent part of Law No. 23,492 84 (“full stop” law) established as follows:
Article 1. [The time period for bringing] criminal action with regard to any person for their alleged
involvement in any capacity in the offences referred to in Art. 10 of Law 23,049, 85 who is not a fugitive,
has not been declared to have absconded and who has not been summoned to make a statement in answer
to charges [...] shall expire within sixty days from the date of enactment of this law. The same conditions
apply to criminal action brought against any person who may have committed offences connected with the
use of violent forms of political action prior to 10 December 1983.
77.
Law No. 23,521 86 (“due obedience” law) established as follows in its relevant parts:
Cf. Judgment issued by the Supreme Court of Justice of the Nation on June 14, 2005, case of “Simón, Julio
Héctor et al. regarding illegitimate deprivation of liberty, etc. – case no. 17,768–” (supra footnote 37).
81
Cf. Order of July 17, 2020 issued by the National Federal Criminal and Correctional Court No. 3 (evidence file,
volume IV, annex 14 to the answering brief, folio 10985), and written expert opinion rendered by Pablo Parenti
(evidence file, volume XI, written expert opinions, folios 16903 to 16907 and 16911). See El Nunca Más y los crímenes
de la dictadura. Ministry of Culture, Presidency of the Argentine Nation, Edición Cultura Argentina, pg. 26.
82
See, inter alia, Decree No. 1259/2003 of December 16, 2003, which provides for the creation of the National
Memory
Archive,
available
at:
http://servicios.infoleg.gob.ar/infolegInternet/anexos/9000094999/91115/texact.htm, and Law no. 26,691, promulgated on July 27, 2011, whose article 1 establishes as follows:
“Declare Sites of Memorial to State Terrorism […] the locations that operated as clandestine detention, torture and
extermination centers […] during the State terrorism carried out in the country until December 10, 1983,” available
at: http://servicios.infoleg.gob.ar/infolegInternet/anexos/180000-184999/184962/norma.htm.
83
See Case of Almeida v. Argentina. Merits, Reparations, and Costs. Judgment of November 17, 2020. Series C
No. 416. pars. 30 to 32.
84
Law
No.
Law
23,492,
promulgated
on
December
24,
1986.
Available
at:
http://servicios.infoleg.gob.ar/infolegInternet/anexos/20000-24999/21864/norma.htm.
85
Law
No.
23,049,
promulgated
on
February
13,
1984.
Available
at:
http://servicios.infoleg.gob.ar/infolegInternet/anexos/25000-29999/28157/norma.htm. Article 10 refers, in section
1, to crimes “attributable to military personnel […], and […] to security, police and penitentiary forces under the
control […] of the Armed Forces and who acted […] in the operations undertaken with the alleged motive of repressing
terrorism,” during the period from “March 24, 1976 [to] September 26, 1983.”
86
Law
No.
23,521,
promulgated
on
June
8,
1987.
Available
at:
http://servicios.infoleg.gob.ar/infolegInternet/anexos/20000-24999/21746/norma.htm.
80
23