Article 1 - Unless evidence has been admitted to the contrary, it is presumed that those who at the time
the act was committed held the position of commanding officers, subordinate officers, noncommissioned
officers and members of the rank and file of the Armed Forces, security forces, police force and prison force
are not punishable for the offences referred to in article 10 point 1 of law number 23,049 on the grounds
that they were acting by virtue of due obedience. [...] In such cases the persons mentioned shall
automatically be deemed to have acted in a state of coercion under the subordination of the superior
authority and in compliance with orders, without the power or possibility of inspecting, opposing or resisting
them in so far as their timeliness or legitimacy were concerned.
78. Article 1 of Law No. 25,779 87 established the following: "Laws [No.] 23,492 and 23,521
are declared null and void."
79. Law No. 26,679 88 modified the National Penal Code, Law No. 11,179, 89 and added,
among other provisions, article 142(3) with the following text:
A prison sentence of ten (10) to twenty-five (25) years and absolute and perpetual disqualification from
holding any public office and from private security tasks will apply to a civil servant or a person or member
of a group of persons who, acting with the authorization, support, or acquiescence of the State, in any way
deprives of liberty one or more persons, when this action is followed by the lack of information or the
refusal to recognize the deprivation of liberty or to report the person’s whereabouts. The sentence shall be
life in prison if the victim dies or if the victim is a pregnant woman, a person under eighteen (18) years of
age, a person over seventy (70) years of age, or a person with a disability. The same sentence shall apply
when the victim is a person born during the forced disappearance of his or her mother [...]
80. Regarding the legal system of redress for the victims of the 1976-1983 dictatorship,
Laws No. 24,411, 25,914, and 26,913 are relevant.
81.
Law No. 24,411 90 establishes the following in its relevant parts:
Article 1. Persons who at the time of the promulgation of this law are in a situation of forced disappearance
shall have the right to receive, through their successors, a one-time special benefit equivalent to the Step
A monthly salary scale for civilian employees in the federal public administration [...].
82.
Law No. 25,914 91 established the following in its pertinent section:
Article 1. Persons born during the deprivation of liberty of their mother or who, being minors, were in any
circumstance detained in relation to their parents, so long as the latter were detained and/or detaineddisappeared for political reasons [...] may avail themselves of the benefits instituted in this law. Those
persons who, due to any of the circumstances established herein, have been victims of change in identity
shall receive the reparations determined by this law. [...]
Article 4 - The benefit […] will consist of the one-time payment of a sum equivalent to [twenty] (20) times
the monthly remuneration of Level A, Grade 8 officers of the National Administrative Profession System
[…]. When […] beneficiaries have had their identities restored, they will receive […] an indemnity equivalent
to the provisions of Law [No.] 24,411 […]. If […] the beneficiary suffered serious or very serious injuries—
according to the classification of the Penal Code—or died, the benefit will be increased by [fifty percent]
(50%), [seventy percent] (70%) and [one hundred percent] (100%), respectively.
83.
Law No. 26,913, “System of Redress for former Political Prisoners of the Argentine
Law
No.
25,779,
enacted
on
September
2,
2003.
Available
at:
http://servicios.infoleg.gob.ar/infolegInternet/anexos/85000-89999/88140/norma.htm.
88
Law
No.
26,679,
enacted
on
May
5,
2011.
Available
at:
http://servicios.infoleg.gob.ar/infolegInternet/anexos/180000-184999/181888/norma.htm.
89
Law
No.
11,179,
“Criminal
Code
of
the
Nation.”
Available
at:
http://servicios.infoleg.gob.ar/infolegInternet/anexos/15000-19999/16546/texact.htm#19.
90
Law No. Law 24,411, enacted on December 28, 1994. Article 6 establishes: “The request for the benefit shall
be
made
before
the
Ministry
for
Interior
Affairs
[…]”.
Available
at:
http://servicios.infoleg.gob.ar/infolegInternet/anexos/0-4999/793/texact.htm.
91
Law No. Law 25,914, enacted August 25, 2004. Article 3 establishes: “The request for the benefit shall be
made
before
the
Ministry
of
Justice,
Security,
and
Human
Rights
[...].”
Available
at:
http://servicios.infoleg.gob.ar/infolegInternet/anexos/95000-99999/97981/norma.htm.
87
24