Chamber I of the Federal Chamber of Buenos Aires, made up of judges Mariano Llorens, Pablo Bertuzzi and Leopoldo Bruglia, once again adopted “the theory of the two demons” and ordered the reopening of a case that has always been of great interest to Victoria Villarruel and of those who accompany her in the task of trying to judge militants from the 70s and then achieve a “tie of impunity”, which means not continuing to investigate the crimes of the dictatorship and achieving consequent freedom for the genocidal prisoners.
The ruling establishes that the attack on the Superintendency of the Federal Police – former “Federal Coordination”, located at 1400 Moreno Street in the City of Buenos Aires – that occurred during the dictatorship on July 2, 1976 must be investigated. an action that is attributed to the Montoneros organization. The dismissal of those who were (arbitrarily) involved is revoked and, to achieve media impact, the investigation of Mario Eduardo Firmenich is ordered.
Regardless of the assessment of the fact, it must be taken into account that this case only began when the Full Stop and Due Obedience laws were annulled as a compensatory strategy and was rejected by all levels of Justice. “The case began in August 2003 as a reaction to the decision of Congress to annul the laws that prevented the trial of those responsible for the crimes perpetrated by the last dictatorship. At that time, the enterprise was not successful: Judge María Servini said that it was not a crime against humanity and, therefore, it had prescribed. In 2012, the Supreme Court validated what was decided by the magistrate,” says journalist Luciana Bertoia in Página/12, and explains the strategy of the pro-genocidal association that promotes it: “Justice and Concord returned to the fray in 2021 when new ones were blowing winds, especially with the arrival of Javier Milei and Victoria Villarruel to Congress. Justice and Concord is the same association that promotes habeas corpus so that the repressors return to their homes.”
Now the case returned to Federal Court 1 of Dr. Servini with this heavy verdict where the criterion on imprescriptibility is completely changed, since in these years the necessary participation of the State or its acquiescence had been established to give that category to events that occurred during the civic-military dictatorship, or in what was its anteroom with the operation of Triple A and other parastatal bands.
The ruling does not comply with the minimum legal formalities, nor with the basic reasoning to support the serious conclusion it reaches and thus destroy everything built over years in the fight against impunity. From now on they pretend that there are two sides with equal “rights.”
The judges of Chamber I establish “the truth” as the supreme value to be restored, but they were so engrossed in searching for “the truth” that they forgot to -minimally- check data: if people are alive to face a process, they mentions those killed and disappeared by the dictatorship; They did not even look at whether the defendants were ever part of the Montoneros organization, for example.
They use the “two demons theory” in the most macabre sense, saying that the victims of the attack did not have an investigation and demand truth. A total manipulation of arguments.
As we pointed out, this event occurred in the first year of the most ferocious dictatorship that lasted until December 1983, but having complete control of the State apparatus there, they were never interested in justice, truth or the mere investigation of the facts. . Only a simple judicial summary was initiated, there was no judicial complaint. Habeas corpus was rejected for the Mothers, the same would not have happened to them. Having all the power, in the days after the event they unleashed a true hunt with their own methods: they chose kidnappings, torture, and the most brutal clandestine procedures.
One of the points that makes this ruling an affront is that judges who have participated in dozens of cases against humanity here conspicuously forget to mention that a clandestine detention center operated in that place. An extermination camp where dozens of people, including children, were tortured, and for which several trials have been held. Let us imagine that an attack on Auschwich was being discussed and the judges forgot to even mention that a concentration camp operated there; It would be strange, to say the least.
As if that were not enough, in order to reopen the case, they say that the Argentine State is obliged to investigate because this was stated in the jurisprudence established at the international level in the AMIA case. Another unusual argument. Anyone who, even if they are not a judge, watches series or reads a book, will know that the State has participation in the AMIA case. By watching Netflix you can learn the story of “Iosi”, that “pen” (intelligence agent of the Federal Police) who infiltrated to obtain information and pass it on to his superiors. They could know that SIDE agents “lost” valuable tapes with wiretaps. We can continue the list, but we trust that those who read us are more informed than the judges.
The analogy attempted to bring the case has no similarity, since the participation of the State or its acquiescence is not demonstrated or even minimally suggested in the attack on the Superintendency.
They do not seek truth, they seek impunity for genocidal perpetrators; because if the objective were the so-called “truth” they could demand to open the archives of the dictatorship, as those of us who truly fight for memory, truth and justice do. In fact, the immediate measure available is a summons for investigation, when that is an act of defense of the people, without the obligation to tell the truth since no one is obliged to testify against themselves.
To conclude, we will only say that they also accept a convicted genocide like Eduardo Kalinec as a plaintiff. They lack nothing in the preparation of their provocation.
With the arguments put forward in this ruling that, as we said, do not have any legal content, but are totally political since they include what we could call the “Villarruel Doctrine”: every act of resistance against the dictatorship, every action that occurs to them. denounce the genocidaires themselves, can be judged. The limits of its application are totally blurred.
We must be alert because first they go after “the two demons”, until they manage to stay with only one. And it must be prevented.
Source: www.laizquierdadiario.com
