9
order to forge an alleged “right of the State to persecute or massacre.” 33 In other
words, to perpetrate an authentic State crime.
28.
Another study on the same issue, published in 2004, also emphasized the
propaganda campaigns to “dehumanize” victims, in addition to other strategies
calculated and planned to perpetrate massive human rights violations such as:
depriving them of their homes, property, housing, subsistence agriculture, their very
modus vivendi and, in some cases, nationality, culminating in the dissemination of
the perverse belief that the end justifies the means 34 - in the case of the
perpetration of State crimes.
29.
Recently, some truth commission reports have mentioned systematic patterns
of crimes planned and perpetrated by the State itself (through its agents and
collaborators), such as kidnappings, illegal detention (in clandestine prisons),
torture, summary executions, forced disappearances – in the face of the silent and
total submission of the individual to the absolute power of the State. 35 In his
prologue to the report "Nunca Más" (1984), of the Argentine National Commission on
the Disappearance of Persons, Ernesto Sábato, Doctor honoris causa of the
Universidad Nacional de La Plata, stated with great lucidity that:
"(...) The Armed Forces responded to the crimes of the terrorists with an infinitely
worse terrorism to the one they were combating, because since March 24, 1976, they
were supported by the power and the impunity of the absolute State, kidnapping,
torturing and murdering thousands of human beings. [...] The military dictatorship
produced the greatest tragedy in our history, and the most savage. [...] Using the
technique of disappearance and its consequences, all the ethical principles that the
major religions and the most salient philosophies have constructed throughout
thousands of years of suffering and catastrophes were trampled and cruelly disregarded.
(...) Human rights were violated organically by the State through the repressive
acts of the Armed Forces. And, they were not violated sporadically but systematically,
always in the same way, with similar kidnappings and identical tortures throughout the
whole country. How can this not be attributed to a methodology of terror planned by the
highest authorities. [...] How can this be called “individual excesses”?
(...)The kidnapping operations revealed a careful organization [...] From the
moment of the kidnapping, the victim lost all his rights; deprived of all communication
with the outside world, confined in an unknown place, subjected to infernal tortures,
ignorant of his immediate or medium-term fate, susceptible to being thrown into a river
or the sea with cement blocks tied to his feet or burnt to ashes [...]." 36 [In Spanish in
the original.]
30.
How is it possible to deny the existence of State crime? Most international
jurists who have done so have simply closed their eyes to the facts and revealed
33
.
B. Bruneteau, Le siècle des génocides - Violences, massacres et processus génocidaires de
l'Arménie au Rwanda, Paris, A. Colin Éd., 2004, pp. 222 and 233. Regarding the “dehumanization” of the
victims and the planning and execution of criminal policies by States, cf. Y. Jurovics, Réflexions sur la
spécificité du crime contre l'humanité, Paris, LGDJ, 2002, pp. 52-53, 72-73, 92, 132-133, 93, 192, 198199, 228-229, 279, 283, 375-376, 405 and 407.
34
.
B.A. Valentino, Final Solutions - Mass Killing and Genocide in the Twentieth Century,
Ithaca/London, Cornell University Press, 2004, pp. 17, 49, 55, 57, 71, 195, 203, 235 and 150.
35
.
T.G. Phelps, Shattered Voices - Language, Violence and the Work of Truth Commissions,
Philadelphia, Univ. Pennsylvania Press, 2004, pp. 85-88 and 90.
36
.
CNDP, Nunca Más - Informe de la Comisión Nacional sobre la Desaparición de Personas, 20a. ed.,
Buenos Aires, Edit. Univ. de Buenos Aires, 1995, pp. 7-8 and 10.