17
B.
The military dictatorship and the Operation Condor, context in
which the facts against Maria Claudia Garcia occurred
44.
This case has unique historic importance, as the facts began to perpetrate in
a collaboration between Argentine authorities in the context of the systematic
practice of arbitrary detention, torture, execution and enforced disappearances
perpetrated by the intelligence and security forces of the Uruguayan dictatorship, in
the setting of the national security doctrine and the Operation Condor, 23 whose
existence was established by this Tribunal in the case of Goiburú and others v.
Paraguay in the following way:
“Most of the Southern Cone’s dictatorial governments assumed power or were in
power during the 1970s, 24 and this permitted the repression of the so-called
“subversive elements” at the inter-State level. The ideological basis of all these
regimes was the “national security doctrine,” which regarded leftist movements
and other groups as “common enemies,” whatever their nationality. Thousands
of citizens of the Southern Cone sought to escape repression in their country of
origin, taking refuge in bordering countries. The dictatorships therefore created a
common “defense” strategy.
This was the context of the so-called “Operation Condor,” a code name given to
the alliance of the security forces and intelligence services of the Southern Cone
dictatorships in their repression of and fight against individuals designated
“subversive elements.” The activities deployed as part of this Operation were
23
The existence of the “national security doctrine” and of Plan Condor has been recognized by the
Court. Cf. Case of Goiburú et al. V. Paraguay. Merits, Reparations and Costs. Judgment of September 22,
2006. Series C No. 153, paras. 61.5 to 61.8. Moreover, Cf. Historical Investigation on Detainees and
Disappeared Persons in compliance with Article 4 of Law 15.488 of 2007 Tome I, Pages. 21, 73, 283 and
ss (Case file of annexes to the brief of motions and pleadings, annex 10, CD 1); Nunca Más [Never Again].
Final Report of the National Commission on Forced Disappearance of Persons, Buenos Aires, Eudeba,
1984, chapter 1.K; La coordinación represiva en Latinoamérica [Repressive coordination in Latin America],
available at: http://www.desaparecidos.org/arg/conadep/nuncamas/, Last visited on February 23, 2011;
Criminal Court of First instance of 7º round of Montevideo, captioned orders: “Bordaberry Arocena, Juan
Maria- Diez delitos de homicidio muy especialmente agravados en reiteración real a título de co-autor”,
[Bordaberry Arocena, Juan Maria-Diez aggravated homocide by co-perpetrator] IUE 1-608/2003,
Judgment
of
February
9,
2010,
available
at:
http://www.pensamientopenal.com.ar/01042010/latinoamerica06.pdf, Last visited on February 23, 2011;
Comisión Nacional sobre Prisión Política and Tortura [National Commission on Political Detention and
Torture], Report, Santiago de Chile, Chapter III, “Context,” 2004 pages. 175 and 196, available at:
http://www.comisionvalech.gov.cl/ReportValech.html, Last visited on February 23, 2011; Report of the
National Commission on Truth and Reconciliation, Volume I, Tome I, Second Part, Chapter I.B.1, National
Corporation of Reparation and Reconciliation, reedition 1999, Santiago de Chile, pages. 37 and 38,
available at: http://www.ddhh.gov.cl/filesapp/tomo1.zip , Last visited on February 23, 2011; Assembleia
Legislativa do Estado do Rio Grande do Sul - Escola do Legislativo, National Archives of Brazil. “A ditadura
de seguranca nacional no rio grande do sul (1964-1985): História and Memória. Conexão Repressiva and
Operação Condor”, organizadores Enrique Serra Padrós, Vânia M. Barbosa, Vanessa Albertinence Lopez,
Ananda Simões Fernandes. – Porto Alegre, Corag, 2009. Volume 3, pages. 35 and ss. Available at:
http://www.portalmemoriasreveladas.arquivonacional.gov.br/media/Ditadura-3-Golpe.pdf, Last visited on
January 31, 2011; House of Lords, Judgments - Regina v. Bartle and the Commissioner of Police for the
Metropolis and others EX Parte Pinochet (on appeal from a Divisional Court of the Queen's Bench
Division),
November
25,
1998,
Available
at:
http://www.publications.parliament.uk/pa/ld199899/ldjudgmt/jd981125/pino01.htm, Last visited on
February 23, 2011; National Court of Madrid, Central Court of Instruction, Number Five; Indictment
against
Augusto
Pinochet
Ugarte,
docket
19/97,
December
10,
1998
Available
at
http://www.archivochile.com/Dictadura_militar/pinochet/juicios/DMjuiciopino80030.pdf, Last visited on
February 23, 2011
24
Uruguay, 1973; Chile, 1973; Argentina, 1976; Brazil, 1964; Bolivia, 1971; Paraguay, 1954, and
Perú, 1968 and 1975.