Ricardo Cavallo
Encyclopedia
Ricardo Miguel Cavallo is an Argentine
who is, under the name Miguel Angel Cavallo and pseudonym "Serpico
", alleged to have served as an officer of the National Reorganization Process
, the military junta
that ruled Argentina
from 1976 to 1983, and to have committed crimes against civilians during the junta's "Dirty War
". He disputes these claims, saying that he played no part in the junta, and that the allegations are a case of mistaken identity.
Cavallo was indicted in Spain
in September 2000 under the principle of universal jurisdiction
by judge Baltasar Garzon
, who had been conducting ongoing investigations into South American military dictatorships. Since Cavallo was living in Mexico
at the time, Spain requested his extradition
later that month. A Mexican court recommended in January 2001 that he be extradited, and foreign minister Jorge G. Castañeda decided in February 2001 that he would be, marking a significant change in Mexico's extradition policy. Cavallo appealed the decision, which led to a lengthy series of court cases, culminating in a June 2003 decision of the Supreme Court of Mexico that he could be extradited on charges of genocide
and terrorism
, but not on charges of torture
, for which a lower court had ruled the statute of limitations
to have expired. He was extradited later that month, marking the first time that a country had extradited an individual to another country for human rights crimes allegedly committed in a third.
As Cavallo awaited trial in Spain, Argentina in 2003 repealed, and in 2005 definitively declared void, the Ley de Punto Final
and Ley de Obediencia Debida
, two laws that had previously given immunity
to individuals alleged to have committed crimes during the "Dirty War". As a result, the National Court of Spain in December 2006 declared that since he could be tried in Argentine courts, which had priority, the Spanish courts lacked jurisdiction. He was briefly released from jail when an extradition request from Argentina failed to arrive within the required 40 days, but was rearrested a day later after a request was faxed. The Spanish Supreme Court
reversed this decision in July 2007, ruling that Cavallo should still stand trial in Madrid, because the case against him in Spanish courts was more advanced than that in Argentina. However, the Spanish government granted Argentina's extradition request in February 2008, and Cavallo was sent back to Argentina the next month.
Cavallo was sentenced to life imprisonment by the Argentinian Supreme Court on October 26, 2011.
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...
who is, under the name Miguel Angel Cavallo and pseudonym "Serpico
Serpico
Serpico is a 1973 American crime film directed by Sidney Lumet. It is based on the true story of New York City policeman Frank Serpico, who went undercover to expose the corruption of his fellow officers, after being pushed to the brink at first by their distrust and later by the threats and...
", alleged to have served as an officer of 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...
, the military junta
Military junta
A junta or military junta is a government led by a committee of military leaders. The term derives from the Spanish language junta meaning committee, specifically a board of directors...
that ruled Argentina
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...
from 1976 to 1983, and to have committed crimes against civilians during the junta's "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...
". He disputes these claims, saying that he played no part in the junta, and that the allegations are a case of mistaken identity.
Cavallo was indicted in Spain
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
in September 2000 under the principle of universal jurisdiction
Universal jurisdiction
Universal jurisdiction or universality principle is a principle in public international law whereby states claim criminal jurisdiction over persons whose alleged crimes were committed outside the boundaries of the prosecuting state, regardless of nationality, country of residence, or any other...
by judge Baltasar Garzon
Baltasar Garzón
Baltasar Garzón Real is a Spanish jurist who served on Spain's central criminal court, the Audiencia Nacional. He was the examining magistrate of the Juzgado Central de Instrucción No...
, who had been conducting ongoing investigations into South American military dictatorships. Since Cavallo was living in Mexico
Mexico
The United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...
at the time, Spain requested his extradition
Extradition
Extradition is the official process whereby one nation or state surrenders a suspected or convicted criminal to another nation or state. Between nation states, extradition is regulated by treaties...
later that month. A Mexican court recommended in January 2001 that he be extradited, and foreign minister Jorge G. Castañeda decided in February 2001 that he would be, marking a significant change in Mexico's extradition policy. Cavallo appealed the decision, which led to a lengthy series of court cases, culminating in a June 2003 decision of the Supreme Court of Mexico that he could be extradited on charges of 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...
and terrorism
Terrorism
Terrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...
, but not on charges of 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...
, for which a lower court had ruled the statute of limitations
Statute of limitations
A statute of limitations is an enactment in a common law legal system that sets the maximum time after an event that legal proceedings based on that event may be initiated...
to have expired. He was extradited later that month, marking the first time that a country had extradited an individual to another country for human rights crimes allegedly committed in a third.
As Cavallo awaited trial in Spain, Argentina in 2003 repealed, and in 2005 definitively declared void, 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 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...
, two laws that had previously given immunity
Amnesty law
An amnesty law is any law that retroactively exempts a select group of people, usually military leaders and government leaders, from criminal liability for crimes committed.Most allegations involve human rights abuses and crimes against humanity.-History:...
to individuals alleged to have committed crimes during the "Dirty War". As a result, the National Court of Spain in December 2006 declared that since he could be tried in Argentine courts, which had priority, the Spanish courts lacked jurisdiction. He was briefly released from jail when an extradition request from Argentina failed to arrive within the required 40 days, but was rearrested a day later after a request was faxed. The Spanish Supreme Court
Supreme Court of Spain
The Supreme Court of Spain is the highest court in Spain for all matters not pertaining to the Spanish Constitution. The court which meets in the Convent of the Salesas Reales in Madrid, consists of a president and an indeterminate number of magistrates appointed to the five chambers of the...
reversed this decision in July 2007, ruling that Cavallo should still stand trial in Madrid, because the case against him in Spanish courts was more advanced than that in Argentina. However, the Spanish government granted Argentina's extradition request in February 2008, and Cavallo was sent back to Argentina the next month.
Cavallo was sentenced to life imprisonment by the Argentinian Supreme Court on October 26, 2011.