Disappearance of Persons (hereinafter also "CONADEP"), whose objective was to "[i]ntervene
actively in establishing the facts involved in the disappearance of persons in the country,
finding out their fate or whereabouts as well as any circumstance pertinent to locating them.”
CONADEP prepared 7,380 files referring to complaints from relatives of disappeared persons,
testimonies from those who had managed to escape from clandestine detention centers, and
statements from members of the security forces who participated in the repressive actions. 74
70. In September 1984, CONADEP issued its final report, called Nunca Más, in which it
established there were approximately 340 clandestine detention centers in the country and
concluded that "tens of thousands of people" had been "illegitimately deprived of their
freedom,” many of whom were missing. 75
71. Also, in December 1983, the National Executive Branch ordered the nine senior officers
who were members of the first three Military Juntas that had governed since the 1976 coup
d’état “to be put on trial.” 76 In this regard, the National Chamber of Federal Criminal and
Correctional Appeals issued the Judgment of December 9, 1985, convicting five of the
defendants and acquitting another four. In doing their work, the prosecutors in charge of the
case relied on the content of the final report of CONADEP. The trial revealed, among other
things, the existence of a systematic plan of repression during the military government. The
judgment of the Chamber was upheld by the Supreme Court of Justice of the Nation on
December 30, 1986. 77
72. However, on December 24, 1986, Law No. 23,492, known as the “full stop” law, was
enacted, and on June 8, 1987, Law No. 23,521, known as the “due obedience” law, was
enacted (infra paras. 76 and 77). To these bodies of law, described as "laws of impunity,"
were added the executive orders issued by President Carlos Menem in 1989 and 1990,
pardoning "high-ranking personnel" not covered by these laws, including the members of the
military juntas who had previously been prosecuted. 78 This body of law taken as a whole made
it impossible to investigate, prosecute, and punish the crimes committed during the
dictatorship. 79
73. On March 6, 2001, a federal judge declared the content of Laws No. 23,492 and 23,521
invalid, unconstitutional, and “null and void.” The decision was upheld on November 9, 2001
by Chamber II of the National Chamber of Appeals for Federal Criminal and Correctional
Cf. Nunca Más. Report of the National Commission on the Disappearance of Persons, Buenos Aires, Eudeba,
1984, chapter IV, “Creación y organización de la CONADEP,” and chapter VI, “Conclusiones.” See expert opinions of
Pablo Parenti and María José Guembe, rendered in a public hearing before this Court.
75
Cf. Nunca Más. Report of the National Commission on the Disappearance of Persons, Buenos Aires, Eudeba,
1984, chapter I.B, “El secuestro”; chapter I.D, “Centros Clandestinos de Detención (C.C.D.)”; chapter IV, “Creación
y organización de la CONADEP,” and chapter VI, “Conclusiones.”
76
During the period of the military government, in September 1983, Law No. 22,924, the "National Pacification
Law" was enacted, article 1 of which declared “expunged all criminal prosecutions arising from crimes committed with
terrorist or subversive motivation or purpose." However, on December 27, 1983, Law No. 23,040 was promulgated,
which “[r]epeal[ed Law No. 22,924] as unconstitutional and declared [it] null and void.” Cf. Written expert opinion
rendered by Pablo Parenti (evidence file, volume XI, written expert opinions, folios 16896 and 16897).
77
The trial of the members of the Military Juntas for "the crimes of homicide, illegal deprivation of liberty, and
torture of detainees," among other charges, was ordered through Decree No. 158/83 of December 13, 1983. Cf.
Judgment issued by the National Federal Criminal and Correctional Appeals Chamber of the Federal Capital on
December 9, 1985, case No. 13/84, and judgment issued by the Supreme Court of Justice of the Nation on December
30, 1986, upholding the Judgment of the National Federal Criminal and Correctional Appeals Chamber of the Federal
Capital of December 9, 1985.
78
The State mentioned Decrees No. 1002/89, 1004/89, 1005/89, 2741/90, and 2743/90.
79
In view of these legal obstacles, human rights organizations, relatives of disappeared persons, and judicial
authorities took joint action to hold the so-called "truth trials,” starting in 1998. “Although they could not determine
criminal responsibility and punish those responsible, they did serve to bring to light, in specific situations, multiple
cases of forced disappearance.” Cf. Human Rights Council, Report of the Working Group on Enforced or Involuntary
Disappearances, Mission to Argentina, January 5, 2009, UN Doc. A/HRC/10/9/Add.1, para. 56.
74
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