54
IX
THE STATE’S INTERNATIONAL RESPONSIBILITY IN THE CONTEXT OF THE INSTANT CASE
62.
This case has unique historic importance: the facts occurred in the context of
the systematic practice of arbitrary detention, torture, execution and disappearance
perpetrated by the intelligence and security forces of the dictatorship of Alfredo
Stroessner, under “Operation Condor,” whose characteristics and dynamics have
been described in the proven facts (supra paras. 61(1) to 61(14)). In other words,
the grave acts took place in the context of the flagrant, massive and systematic
repression to which the population was subjected on an inter-State scale, because
State security agencies were let loose against the people at a transborder level in a
coordinated manner by the dictatorial Governments concerned.
63.
The Court deems it appropriate to include this chapter because it finds that
the context in which the facts took place permeates and conditions the State’s
international responsibility in relation to its obligation to respect and safeguard the
rights embodied in Articles 4, 5, 7, 8 and 25 of the Convention, with regard to both
the aspects acknowledged by the State and those that will be determined in the
following chapters on merits and reparations.
64.
As indicated (supra paras. 61(5), 61(6) and 61(9)), during the 1970s, the fact
that power in the region was held by a majority of dictatorial regimes, which shared
the “national security doctrine” as their ideological basis, allowed the repression of
individuals considered to be “subversive elements” to acquire a transborder nature
through “Operation Condor.” This was the code name given to the “alliance of
security forces and intelligence services” of the Southern Cone dictatorships. In
Paraguay, the Department of Military Intelligence was responsible for coordinating all
matters relating to “Operation Condor” and the Police Investigations Department was
in charge of operational functions.
65.
In this regard, the national courts of Argentina, Chile and Spain, among
others, that have opened criminal cases against those involved in “Operation
Condor” have described its activities in similar terms. For example, it has been
categorized as an “illegal relationship established between the Governments and
intelligence services” of the different countries, distinguished from other mechanisms
of political persecution implemented on the continent during the 1970s and 1980s,
because of the element of cooperation that existed among them, which allowed them
“to develop military and intelligence operations outside their own territorial
jurisdiction.”47 In addition, the purpose of this “criminal organization, […] supported
by the [State’s] institutional structures,” was “to achieve a series of political and
economic goals that would reaffirm the bases of the conspiracy and terrorize the
population.”48 In this regard, “Operation Condor” has been considered “a sort of
‘international terror mechanism’ [or a] terrorist criminal action, organized and
47
Cf. Court I of the Federal Chamber, Ruling on Plan Condor of May 23, 2002, Case No. 33714
“Videla, Jorge R. impeachment”, Court 7 - Secretariat 14, Buenos Aires, Argentina, Having seen and
considering paragraph 11, para. 2.
48
Cf. Central Trial Court No. 5, National Court of Spain, court order expanding the impeachment of
A. Pinochet Ugarte and ratifying the preventive detention of the accused, as well as the international
arrest warrants dated October 16 and 18, 1998. Preliminary proceedings 19/97-J Separate File III. ChileOperation Condor, April 30, 1999, Madrid, p. 2.
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