28
93.
On February 20, 1995, Mr. Candurra’s defense team argued that the statute of
limitations had run out on the criminal action, based on the amount of time the process had
taken.110
94.
The hearing required under article 445 bis subparagraph 5 took place from February
22 through March 20, 1995.111 The judgment was delivered on the latter date, as follows: (i)
the pleadings to invoke the statute of limitations were denied; (ii) the requests for amnesty
based on Law 22.924 for National Pacification and Law 23.521 for Due Obedience were
denied; (iii) the pleadings for constitutional relief were denied; (iv) the arguments on
conspiracy to commit a crime submitted by the Prosecutor General of the Armed Forces were
partially overruled; (v) the other arguments for nullification put forward by the defense teams
were denied;112 and therefore, (vi) the penalties as ordered were reduced and Mr. Ambrosio
Marcial was acquitted.113
95.
On April 20, 1995 the defense teams lodged appeals of exception, recurso
extraordinario,114 which were denied by the National Chamber of Criminal Cassation on July
110
Motion for the statute of limitations on the criminal action under article 75 subparagraph 22 of the Constitution,
by Mr. Candurra’s legal team, February 20, 1995 (evidence file, folios 2159 to 2174).
111
Transcription of the hearings before the National Chamber of Criminal Cassation, February 22, 23, 24 and
March 10, 16, 17 and 20, 1995 (evidence file, folios 12110 to 12126).
112
Judgment by the National Chamber of Criminal Cassation, March 20, 1995 (evidence file, folios 2253 to 2280);
reasoning for the judgment of March 20, 1995, by the National Chamber of Criminal Cassation, April 3, 1995
(evidence file, folios 2282 to 2392).
113
Judgment by the National Chamber of Criminal Cassation, March 20, 1995 (evidence file, folios 2255 to 2280)
sentencing Mr. Galluzzi to 7 years of imprisonment and full and permanent disqualification concurrently with
discharge and other secondary legal effects; Mr. Pontecorvo, 3 years and 6 months of imprisonment and full and
permanent disqualification concurrently with discharge and other secondary legal effects; Mr. Di Rosa, 4 years of
imprisonment and full and permanent disqualification concurrently with discharge and other secondary legal effects;
Mr. Giordano, 3 years and 6 months of imprisonment and full and permanent disqualification concurrently with
discharge and other secondary legal effects; Mr. Tomasek, 4 years and 6 months of imprisonment and full and
permanent disqualification concurrently with discharge and other secondary legal effects; Mr. Machín, 4 years and 6
months of imprisonment and full and permanent disqualification concurrently with discharge and other secondary
legal effects; Mr. Mercau, 5 years of imprisonment and full and permanent disqualification concurrently with discharge
and other secondary legal effects; Mr. Aracena, 4 years and 6 months of imprisonment and full and permanent
disqualification concurrently with discharge and other secondary legal effects; Mr. Maluf, 5 years of imprisonment
and full and permanent disqualification concurrently with discharge and other secondary legal effects; Mr. Candurra,
4 years and 6 months of imprisonment and full and permanent disqualification concurrently with discharge and other
secondary legal effects; Mr. Arancibia, 3 years of imprisonment and full and permanent disqualification concurrently
with discharge; Mr. Morón, 6 years of imprisonment and full and permanent disqualification concurrently with
discharge and other secondary legal effects; Mr. Argüelles, 3 years and 6 months of imprisonment and full and
permanent disqualification concurrently with discharge and other secondary legal effects; Mr. Cardozo, 3 years and
6 months of imprisonment and full and permanent disqualification concurrently with discharge and other secondary
legal effects; Mr. Mattheus, 3 years and 6 months of imprisonment and full and permanent disqualification
concurrently with discharge; Mr. Allendes, 3 years of imprisonment and full and permanent disqualification
concurrently with discharge; Mr. Marcial, acquitted; Mr. Pérez, 2 years and 1 day of incarceration and full and
permanent disqualification concurrently with discharge; Mr. Muñoz, 3 years and 6 months of imprisonment and full
and permanent disqualification concurrently with discharge; Mr. Óbolo, 3 years and 6 months of imprisonment and
full and permanent disqualification concurrently with discharge and other secondary legal effects. The judgment
reversed the sentence of joint and several monetary payments to the Argentine Air Force for Mr. Aracena and Mr.
Tobares and changed Mr. Aracena’s fine to the amount of ARS 720,000 instead of the original ARS 720,000,000 and
annulled the joint and several payment with Mr. Benegas; it annulled Mr. Candurra’s fine of ARS 139,876,347; it
annulled Mr. Arancibia’s fine of ARS 8,012,880; it changed Mr. Tomasek’s fines to ARS 30,476.895 and
ARS 25,355,110; it annulled Mr. Morón's fine for joint and several payment with Mr. Galluzzi and Mr. Machín. The
other fines were upheld. Finally, the judgment stipulated the formula to be used in all cases to express the amount
of the fine in current terms.
114
Recurso extraordinario by Mr. Giordano, Mr. Tomasek, Mr. Mercau, Mr. Arancibia, Mr. Argüelles, Mr. Cardozo
and Mr. Muñoz, April 20, 1995; by Mr. Candurra; by Mr. Pontecorvo and Mr. Di Rosa, October 19, 1995; by Mr.
Morón, April 18, 1995 (evidence file, folios 990 to 1071, 1547 to 1574, 2204 to 2225 and 2410 to 2480).