Miguel Etchecolatz
Encyclopedia
Miguel Osvaldo Etchecolatz (born 1 May 1929) is a former senior Argentine
police officer
, who worked in the Buenos Aires Provincial Police
during the first years of the military dictatorship
. Etchecolatz was an active participant in the "anti-subversion operation" known as the National Reorganization Process
. For his part in this operation, he was tried, convicted and sentenced to life imprisonment
, in 2006, on charges of homicide
, illegal deprivation of freedom (kidnapping
), and torture
. The tribunal, besides passing the sentence, stated that Etchecolatz's crimes were "crimes against humanity in the context of the genocide
that took place in Argentina". The term "genocide", introduced by the accusers, was thus employed for the first time in the official treatment of "Dirty War
" crimes.
The "Dirty War" was a series of atrocities committed under the military dictatorship of Argentina during 1976 to 1983. The dictatorship began with a coup d'état
staged against President Isabel Perón
by a military junta
led by General Jorge Rafael Videla
. During the military rule, as was subsequenely established, tens of thousands of (political) dissidents were either killed or "forcibly disappeared
".
. He served as Director of Investigations of the provincial police from March 1976 until late 1977. During his period in office, Buenos Aires Province
had the highest number of illegal detentions in the country. In particular, Etchecolatz was second in command during the so-called Night of the Pencils
, when several high school students were detained and then tortured and some of them murdered.
s, but was spared prison because of the "Pardon Laws" (the Ley de Punto Final
and the Ley de Obediencia Debida
), which halted and rolled back investigations of crimes committed during the so-called Dirty War
of the Argentine dictatorship against "subversives".
After his release, Etchecolatz wrote a book defending his actions during the dictatorship, called La otra campaña del Nunca Más (The other Never Again campaign), a counter-reference to the Nunca Más (Never Again) report produced by the National Commission on the Disappearance of Persons. Jorge and Marcelo Gristelli, owners of a Catholic publishing house, presented the book in 1998 at the Buenos Aires International Book Fair
. Etchecolatz decided not to appear in public, because according to the Gristellis, he "had received threats".
In his book, Etchecolatz stated: "I never had, or thought to have, or was haunted by, any sense of blame. For having killed? I was the executor of a law made by man. I was the keeper of divine precepts. And I would do it again." In 2001, the Gristellis were seen guarding Etchecolatz as he came out of a court in Buenos Aires and reportedly used violence against left-wing demonstrators who allegedly confronted and insulted Etchecolatz.
Etchecolatz faced civil trials outside the purview of the Pardon Laws (which were restricted to acts committed in the context of military or police procedure). In 2004, he was sentenced to seven years in prison for the abduction of a "disappeared" couple's child and the suppression of the child's true identity. He was imprisoned in Villa Devoto
in 2004 and 2005, but was later allowed to continue the sentence under house arrest
due to his advanced age (over 70 years old at the time).
Although Etchecolatz's lawyers claimed he also had a terminal illness, he was transferred, in 2006, to the Marcos Paz prison after police found a firearm in his home, in violation of the conditions of house arrest.
abuses. On 19 September 2006, he was found guilty of the detention and torture of Jorge López and Nilda Eloy, and the homicides of Ambrosio Francisco De Marco, Patricia Graciela Dell'Orto, Diana Teruggi de Mariani, Elena Arce Sahores, Nora Livia Formiga and Margarita Delgado.
He is believed to have operated, together with Police Chief Ramón Camps
, at least eight clandestine detention centres in La Plata
, Quilmes, Banfield
, and Martínez
. More than 100 witnesses were called, including former president Raúl Alfonsín
(1983–1989), under whose administration the Pardon Laws were passed.
Etchecolatz criticized the procedures of the trial as biased and the judges as obedient to other powers. He called himself "an old man who is ill, with no money and no power", and "a part of a war that we [won] with the arms and that we're losing politically." Furthermore, he refused to acknowledge the authority of the judges, telling them "You are not the judge. The supreme judge awaits us after death. [...] It's not this tribunal that sentences me, it's you." The last thing he said before hearing the sentence was to claim he was "a prisoner of war
" and "a political prisoner
".
A witness in the trial, Jorge Julio López, who was among those illegally detained, disappeared after being seen for the last time on 17 September 2006. The provincial government offered a 200,000 peso (US$ 64,000) reward for information on his whereabouts. López, a 77-year-old retired mason with Parkinson's disease
, was initially suspected of having suffered posttraumatic stress disorder after re-living his ordeal during the trial, or that he may have been threatened and chosen to protect himself, but, after a few days, the theory that he had been kidnapped gained weight among the authorities. Buenos Aires Governor Felipe Solá
stated that López "could be the first desaparecido since the years of state terrorism", and that this could be intended "to intimidate future witnesses or block their participation in other trials". President Kirchner warned "The past is not defeated... [But] we cannot go back to that past". Human and civil rights organizations allege that active and retired provincial police personnel took part in the kidnapping of López, as a way to intimidate other witnesses and impede future trials.
On 6 October 2006, a demonstration, gathering tens of thousands at the Plaza de Mayo
, demanded López be found. López has yet to be located.
The same letter was received by Santa Fe
federal judge Reinaldo Rodríguez and by several other federal prosecutors. The text was "well-written" and correctly addressed, and contained covert threats, pointing out that the senders "are bound, as citizens, to monitor that [judicial officials] fulfill their functions", and that "this farce will end soon, and those who have not honored their posts will be accountable to a particularly impartial court".
Argentina
Argentina , officially the Argentine Republic , is the second largest country in South America by land area, after Brazil. It is constituted as a federation of 23 provinces and an autonomous city, Buenos Aires...
police officer
Police officer
A police officer is a warranted employee of a police force...
, who worked in the Buenos Aires Provincial Police
Buenos Aires Provincial Police
The Buenos Aires Provincial Police is the police service responsible for policing the Province of Buenos Aires, in Argentina....
during the first years of the military dictatorship
Military dictatorship
A military dictatorship is a form of government where in the political power resides with the military. It is similar but not identical to a stratocracy, a state ruled directly by the military....
. Etchecolatz was an active participant in the "anti-subversion operation" known as the National Reorganization Process
National Reorganization Process
The National Reorganization Process was the name used by its leaders for the military government that ruled Argentina from 1976 to 1983. In Argentina it is often known simply as la última junta militar or la última dictadura , because several of them existed throughout its history.The Argentine...
. For his part in this operation, he was tried, convicted and sentenced to life imprisonment
Life imprisonment
Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...
, in 2006, on charges of homicide
Homicide
Homicide refers to the act of a human killing another human. Murder, for example, is a type of homicide. It can also describe a person who has committed such an act, though this use is rare in modern English...
, illegal deprivation of freedom (kidnapping
Kidnapping
In criminal law, kidnapping is the taking away or transportation of a person against that person's will, usually to hold the person in false imprisonment, a confinement without legal authority...
), and torture
Torture
Torture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...
. The tribunal, besides passing the sentence, stated that Etchecolatz's crimes were "crimes against humanity in the context of the genocide
Genocide
Genocide is defined as "the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group", though what constitutes enough of a "part" to qualify as genocide has been subject to much debate by legal scholars...
that took place in Argentina". The term "genocide", introduced by the accusers, was thus employed for the first time in the official treatment of "Dirty War
Dirty War
The Dirty War was a period of state-sponsored violence in Argentina from 1976 until 1983. Victims of the violence included several thousand left-wing activists, including trade unionists, students, journalists, Marxists, Peronist guerrillas and alleged sympathizers, either proved or suspected...
" crimes.
The "Dirty War" was a series of atrocities committed under the military dictatorship of Argentina during 1976 to 1983. The dictatorship began with a coup d'état
Coup d'état
A coup d'état state, literally: strike/blow of state)—also known as a coup, putsch, and overthrow—is the sudden, extrajudicial deposition of a government, usually by a small group of the existing state establishment—typically the military—to replace the deposed government with another body; either...
staged against President Isabel Perón
Isabel Martínez de Perón
María Estela Martínez Cartas de Perón , better known as Isabel Martínez de Perón or Isabel Perón, is a former President of Argentina. She was also the third wife of another former President, Juan Perón...
by a military junta
Military dictatorship
A military dictatorship is a form of government where in the political power resides with the military. It is similar but not identical to a stratocracy, a state ruled directly by the military....
led by General Jorge Rafael Videla
Jorge Rafael Videla
Jorge Rafael Videla Redondo is a former senior commander in the Argentine Army who was the de facto President of Argentina from 1976 to 1981. He came to power in a coup d'état that deposed Isabel Martínez de Perón...
. During the military rule, as was subsequenely established, tens of thousands of (political) dissidents were either killed or "forcibly disappeared
Forced disappearance
In international human rights law, a forced disappearance occurs when a person is secretly abducted or imprisoned by a state or political organization or by a third party with the authorization, support, or acquiescence of a state or political organization, followed by a refusal to acknowledge the...
".
During the dictatorship
Etchecolatz served as Commissioner General of Police, directly reporting to Police Chief Ramón CampsRamón Camps
Ramón Juan Camps was an Argentine general and the head of the Buenos Aires Provincial Police during the military dictatorship known as the National Reorganization Process...
. He served as Director of Investigations of the provincial police from March 1976 until late 1977. During his period in office, Buenos Aires Province
Buenos Aires Province
The Province of Buenos Aires is the largest and most populous province of Argentina. It takes the name from the city of Buenos Aires, which used to be the provincial capital until it was federalized in 1880...
had the highest number of illegal detentions in the country. In particular, Etchecolatz was second in command during the so-called Night of the Pencils
Night of the Pencils
The Night of the Pencils , was a series of kidnappings and forced disappearances, followed by the torture, rape, and murder of a number of young students during the last Argentine dictatorship...
, when several high school students were detained and then tortured and some of them murdered.
Return to democracy
In 1983, democratic rule returned to Argentina. In 1986, Etchecolatz was sentenced to 23 years for illegal detention and forced disappearanceForced disappearance
In international human rights law, a forced disappearance occurs when a person is secretly abducted or imprisoned by a state or political organization or by a third party with the authorization, support, or acquiescence of a state or political organization, followed by a refusal to acknowledge the...
s, but was spared prison because of the "Pardon Laws" (the Ley de Punto Final
Ley de Punto Final
Ley de Punto Final was a law passed by the National Congress of Argentina after the end of the military dictatorship of the Proceso de Reorganización Nacional . Formally, this law is referred to by number Ley de Punto Final (Spanish, roughly translated Full Stop Law) was a law passed by the...
and the Ley de Obediencia Debida
Ley de Obediencia Debida
Ley de Obediencia Debida was a law passed by the National Congress of Argentina after the end of the military dictatorship of the Proceso de Reorganización Nacional . Formally, this law is referred to by number Ley de Obediencia Debida (Spanish, Law of Due Obedience) was a law passed by the...
), which halted and rolled back investigations of crimes committed during the so-called Dirty War
Dirty War
The Dirty War was a period of state-sponsored violence in Argentina from 1976 until 1983. Victims of the violence included several thousand left-wing activists, including trade unionists, students, journalists, Marxists, Peronist guerrillas and alleged sympathizers, either proved or suspected...
of the Argentine dictatorship against "subversives".
After his release, Etchecolatz wrote a book defending his actions during the dictatorship, called La otra campaña del Nunca Más (The other Never Again campaign), a counter-reference to the Nunca Más (Never Again) report produced by the National Commission on the Disappearance of Persons. Jorge and Marcelo Gristelli, owners of a Catholic publishing house, presented the book in 1998 at the Buenos Aires International Book Fair
Buenos Aires International Book Fair
The Buenos Aires International Book Fair is held every April in Buenos Aires, Argentina, and is one of the top five book expos in the world, oriented to the literary community as well as to the general public.-Organization:The expo is organized by the Fundación El Libro, a non-profit established...
. Etchecolatz decided not to appear in public, because according to the Gristellis, he "had received threats".
In his book, Etchecolatz stated: "I never had, or thought to have, or was haunted by, any sense of blame. For having killed? I was the executor of a law made by man. I was the keeper of divine precepts. And I would do it again." In 2001, the Gristellis were seen guarding Etchecolatz as he came out of a court in Buenos Aires and reportedly used violence against left-wing demonstrators who allegedly confronted and insulted Etchecolatz.
Etchecolatz faced civil trials outside the purview of the Pardon Laws (which were restricted to acts committed in the context of military or police procedure). In 2004, he was sentenced to seven years in prison for the abduction of a "disappeared" couple's child and the suppression of the child's true identity. He was imprisoned in Villa Devoto
Villa Devoto
Villa Devoto is a barrio or district in the northern part of Buenos Aires, Argentina, located in the area defined by Campana, San Martín avenue, Francisco Beiró avenue, Joaquín V. González, Baigorria, Lope de Vega Avenue and General Paz Avenue...
in 2004 and 2005, but was later allowed to continue the sentence under house arrest
House arrest
In justice and law, house arrest is a measure by which a person is confined by the authorities to his or her residence. Travel is usually restricted, if allowed at all...
due to his advanced age (over 70 years old at the time).
Although Etchecolatz's lawyers claimed he also had a terminal illness, he was transferred, in 2006, to the Marcos Paz prison after police found a firearm in his home, in violation of the conditions of house arrest.
The 2006 trial
Etchecolatz was the first official of the Dirty War to be prosecuted since the repeal of the "Pardon Laws". Beginning in June 2006, he faced a high-profile trial for human rightsHuman rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
abuses. On 19 September 2006, he was found guilty of the detention and torture of Jorge López and Nilda Eloy, and the homicides of Ambrosio Francisco De Marco, Patricia Graciela Dell'Orto, Diana Teruggi de Mariani, Elena Arce Sahores, Nora Livia Formiga and Margarita Delgado.
He is believed to have operated, together with Police Chief Ramón Camps
Ramón Camps
Ramón Juan Camps was an Argentine general and the head of the Buenos Aires Provincial Police during the military dictatorship known as the National Reorganization Process...
, at least eight clandestine detention centres in La Plata
La Plata
La Plata is the capital city of the Province of Buenos Aires, Argentina, and of La Plata partido. According to the , the city proper has a population of 574,369 and its metropolitan area has 694,253 inhabitants....
, Quilmes, Banfield
Banfield (village)
Banfield is a city in the Lomas de Zamora Partido of Buenos Aires Province, Argentina, south of the centre of Buenos Aires. It forms part of the Greater Buenos Aires metro area.-History:thumb|left|100px|Edward Banfield...
, and Martínez
Martínez, Buenos Aires
Martínez is a city in San Isidro Partido, Buenos Aires Province. It is part of Greater Buenos Aires. It is served by a commuter train service, the Tren de la Costa tourist railway line, and many buses....
. More than 100 witnesses were called, including former president Raúl Alfonsín
Raúl Alfonsín
Raúl Ricardo Alfonsín was an Argentine lawyer, politician and statesman, who served as the President of Argentina from December 10, 1983, to July 8, 1989. Alfonsín was the first democratically-elected president of Argentina following the military government known as the National Reorganization...
(1983–1989), under whose administration the Pardon Laws were passed.
Etchecolatz criticized the procedures of the trial as biased and the judges as obedient to other powers. He called himself "an old man who is ill, with no money and no power", and "a part of a war that we [won] with the arms and that we're losing politically." Furthermore, he refused to acknowledge the authority of the judges, telling them "You are not the judge. The supreme judge awaits us after death. [...] It's not this tribunal that sentences me, it's you." The last thing he said before hearing the sentence was to claim he was "a prisoner of war
Prisoner of war
A prisoner of war or enemy prisoner of war is a person, whether civilian or combatant, who is held in custody by an enemy power during or immediately after an armed conflict...
" and "a political prisoner
Political prisoner
According to the Longman Dictionary of Contemporary English, a political prisoner is ‘someone who is in prison because they have opposed or criticized the government of their own country’....
".
Disappearance of Jorge Julio López
Parkinson's disease
Parkinson's disease is a degenerative disorder of the central nervous system...
, was initially suspected of having suffered posttraumatic stress disorder after re-living his ordeal during the trial, or that he may have been threatened and chosen to protect himself, but, after a few days, the theory that he had been kidnapped gained weight among the authorities. Buenos Aires Governor Felipe Solá
Felipe Solá
Felipe Solá is an Argentine politician of the Justicialist Party and was the governor of the province of Buenos Aires until he left office in 2007....
stated that López "could be the first desaparecido since the years of state terrorism", and that this could be intended "to intimidate future witnesses or block their participation in other trials". President Kirchner warned "The past is not defeated... [But] we cannot go back to that past". Human and civil rights organizations allege that active and retired provincial police personnel took part in the kidnapping of López, as a way to intimidate other witnesses and impede future trials.
On 6 October 2006, a demonstration, gathering tens of thousands at the Plaza de Mayo
Plaza de Mayo
The Plaza de Mayo is the main square in downtown Buenos Aires, Argentina. It is flanked by Hipólito Yrigoyen, Balcarce, Rivadavia and Bolívar streets....
, demanded López be found. López has yet to be located.
Threats to judges
On 27 September 2006, judge Carlos Rozanski, president of the court that sentenced Etchecolatz, confirmed he received a long letter which claimed that judges were being pressured by the national government and which denounced those who "from the offices of power do not look for justice but for revenge against those who defended the Nation." The letter was signed by the self-styled Third International Congress of Victims of Terrorism - Barcelona - Spain, although the official Third International Congress of Terror Victims, held in Valencia, Spain, was not involved. The three trial judges also received threatening telephone calls.The same letter was received by Santa Fe
Santa Fe, Argentina
Santa Fe is the capital city of province of Santa Fe, Argentina. It sits in northeastern Argentina, near the junction of the Paraná and Salado rivers. It lies opposite the city of Paraná, to which it is linked by the Hernandarias Subfluvial Tunnel. The city is also connected by canal with the...
federal judge Reinaldo Rodríguez and by several other federal prosecutors. The text was "well-written" and correctly addressed, and contained covert threats, pointing out that the senders "are bound, as citizens, to monitor that [judicial officials] fulfill their functions", and that "this farce will end soon, and those who have not honored their posts will be accountable to a particularly impartial court".
See also
- History of ArgentinaHistory of ArgentinaThe history of Argentina is divided by historians into four main parts: the pre-Columbian time, or early history , the colonial period , the independence wars and the early post-colonial period of the nation and the history of modern Argentina .The beginning of prehistory in the present territory of...
- Operation CondorOperation CondorOperation Condor , was a campaign of political repression involving assassination and intelligence operations officially implemented in 1975 by the right-wing dictatorships of the Southern Cone of South America...
- Night of the PencilsNight of the PencilsThe Night of the Pencils , was a series of kidnappings and forced disappearances, followed by the torture, rape, and murder of a number of young students during the last Argentine dictatorship...
- Leopoldo GaltieriLeopoldo GaltieriLeopoldo Fortunato Galtieri Castelli was an Argentine general and President of Argentina from December 22, 1981 to June 18, 1982, during the last military dictatorship . The death squad Intelligence Battalion 601 directly reported to him...
- Ramón CampsRamón CampsRamón Juan Camps was an Argentine general and the head of the Buenos Aires Provincial Police during the military dictatorship known as the National Reorganization Process...
- José López RegaJosé López RegaJosé López Rega was Argentina's Minister of Social Welfare during the Peronist government started in 1973 by Juan Perón and continued after Perón's death in 1974 by his third wife and vice-president, Isabel Martínez de Perón , until the coup d'etat of 1976 that initiated the so-called National...
- Rodolfo AlmirónRodolfo AlmirónRodolfo Almirón Sena was a former Argentine police officer and a leader of an extreme right-wing death squad known as the Triple A, operating in Argentina during the mid-1970s...
- State terrorismState terrorismState terrorism may refer to acts of terrorism conducted by a state against a foreign state or people. It can also refer to acts of violence by a state against its own people.-Definition:...
- National Commission on the Disappearance of Persons
- Mothers of the Plaza de Mayo
External links
- Trial Watch profile
- Amnesty International: Human rights cases endangered by new wave of threats
- Coverage of the Etchecolatz trial on the Human Rights WatchHuman Rights WatchHuman Rights Watch is an international non-governmental organization that conducts research and advocacy on human rights. Its headquarters are in New York City and it has offices in Berlin, Beirut, Brussels, Chicago, Geneva, Johannesburg, London, Los Angeles, Moscow, Paris, San Francisco, Tokyo,...
website