24
Armed Forces stated at that time: “[t]he initial proceedings conducted by the Judge of
Criminal Investigation, according to the extensive evidence provided by the accused
(approximately THREE HUNDRED (300) pages) took nearly THREE AND A HALF YEARS. The
case was out of the hands of the Supreme Council for over TWO YEARS because the […]
Supreme Court and the National Criminal and Correctional Appeals Chamber of the Federal
Capital took it up on several occasions in response to motions that had been lodged. [This
being the case,] nothing prevents this body from setting aside the opinion of the [National
Appeals] Chamber when it advises that the accused whose time of incarceration exceeds the
TWO (2) YEAR term allowed in article 379, subparagraph 6 of the Code of Criminal
Prosecution, be placed in the situation provided in article 316 of the Code of Military Justice,
that is, released immediately, while the case continues.”84
81.
On August 19, 1988, the Prosecutor General of the Armed Forces brought charges
against the alleged victims as criminally liable for the crime of conspiracy, as prescribed in
article 210 of the Criminal Code, 85 aggravated by military fraud 86 and forgery87 under the
Code of Military Justice.88 The defense briefs of the accused were submitted on October 3. 89
Finally, on June 5, 1989, the Supreme Council of the Armed Forces convicted the accused,
ordered them to pay monetary fines to the Armed Forces and sentenced them to full and
permanent disqualification concurrently with discharge for the crime of military fraud
aggravated, for 18 alleged victims, by falsification and for eight, conspiracy. The time they
had served in pretrial detention was credited to their prison sentence. 90
Investigation No. 1 reported that “the accused First Lieutenant D. Félix Oscar MORON [wa]s in rigorous pretrial
detention in the First Air Brigade” (evidence file, folios 7917, 7963).
84
Decision by the Supreme Council of the Armed Forces, August 11, 1987 (evidence file, folios 7977 to 7979).
85
Criminal Code (Law 11.179, December 21, 1984): “ARTICLE 210.- - Participation in a grouping or band of
three or more persons for the purpose of committing crimes shall be subject to three to ten years of imprisonment
or incarceration for the sole fact of being a member of such an association” (evidence file, folio 12742).
86
Code of Military Justice (Law 14.029, July 4, 1951): “Art. 843. – Any active-duty personnel who, by reason of
their service, hold money, credit bonds or any other property belonging to the State and divert it from its legal use
for their own benefit or that of someone else, have committed military fraud.”
Art. 845. – Military fraud shall be sanctioned with up to ten years of incarceration or imprisonment and full and
permanent disqualification, notwithstanding the provisions of article 590.
In time of war, the sanction shall be death, imprisonment or incarceration and full and permanent disqualification”
(evidence file, folios 13061 and 13062).
87
Code of Military Justice (Law 14.029, July 4, 1951): “Art. 855. – Military personnel shall be sanctioned with
incarceration or imprisonment for three to six years for committing falsehood by means of documents that are public
or issued by the competent authorities and could result in damage, thus abusing their position, by:
(1) Forging or falsifying handwriting, a signature or a seal; (2) implicating others in actions when they were not
involved; (3) implicating persons who were involved in the actions by attributing to them statements or claims they
did not make; (4) describing the facts untruthfully; (5) falsifying dates; (6) applying modifications or additions to a
genuine document, changing its meaning; (7) releasing a copy of an allegedly authentic document that makes
statements contrary to or different from the content of the original; (8) concealing, removing or destroying any
official document, to the detriment of the State or an individual person” (evidence file, folio 13063).
88
Judgment by the Supreme Council of the Armed Forces, June 5, 1989 (evidence file, folios 43 to 53).
89
Cfr., among others, defense brief by Mr. Argüelles, October 3, 1988; defense brief by Mr. Candurra (evidence
file, folios 1311 to 1329 and 1801 to 1909).
90
Judgment by the Supreme Council of the Armed Forces, June 5, 1989 (evidence file, folio 346 to 350). The
convicted men were ordered to pay the following amounts, set jointly and severally, in Argentine peso (ARS)
equivalences as of the date of payment: Mr. Galluzzi, Mr. Aracena and Mr. Morón were ordered to pay
ARS 290,000,000; Mr. Aracena and Mr. Tobares, ARS 22,598,000, ARS 10,297,500 and ARS 23,810,540; Mr.
Aracena and Mr. Benegas, ARS 720,000,000; Mr. Aracena, ARS 7,228,800; Mr. Galluzzi, Mr. Maluf, Mr. Muñoz and
Mr. Pérez, ARS 3,500,000,000; Mr. Galluzzi, Mr. Morón and Mr. Argüelles, ARS 91,778,615; Mr. Galluzzi, Mr. Morón,
Mr. Candurra and Mr. Óbolo, ARS 95,690,000; Mr. Candurra, ARS 139,876,847 and ARS 132,000,000; Mr. Arancibia,
Mr. Cardozo an Mr. Óbolo, ARS 150,000,000; Mr. Arancibia, ARS 8,012,880; Mr. Galluzzi, Mr. Tomasek and Mr.
Morón, ARS 13,109,995; Mr. Tomasek, ARS 193,023,005; Mr. Galluzzi and Mr. Tomasek, ARS 30,000,000; Mr.
Galluzzi, Mr. Giordano and Mr. Morón, ARS 299,813,322; Mr. Galluzzi, Mr. Di Rosa, Mr. Morón and Mr. Cardozo,