Argentinians face atrocity trials

July 24, 2005
The Sun-Herald

Spain's Supreme Court on Friday cleared the way to extradite 39 Argentine "dirty war" figures, including former president Jorge Videla, who are wanted in Spain for atrocities during Argentina's 1976-83 military rule.

The court ruled in favour of an appeal that sought to overturn a decision by Spain's previous, conservative government not to seek the extradition of Videla, former navy chief Emilio Massera and others.

"We annul that agreement because it does not conform to the law," the 23-page ruling by Spain's second-highest court concluded.

Spain's Government "should pass on [the extradition requests] through diplomatic channels to the Argentine Government," the order said.

Spanish High Court Judge Baltasar Garzon has sought to try the Argentinians for atrocities committed during the counter-insurgency against violent leftist insurgents that ensnared untold numbers of innocent civilians.

Spain's High Court has asserted powers to try suspects for genocide, terrorism or torture committed anywhere in the world if Spanish victims are involved. One Argentinian former navy officer was brought to trial earlier this year and the High Court sentenced him to 640 years in jail for crimes against humanity, convicting him of throwing political prisoners from planes.

But that defendant, Adolfo Scilingo, came to Spain of his own will.

The previous Spanish government of prime minister Jose Maria Aznar decided in 2003 against seeking extraditions in order to give Argentina the chance to bring its own suspects to trial.

They had been protected by two 1987 amnesty laws shielding Argentina's military from prosecution, but the country's Supreme Court annulled those laws in June, clearing the way for hundreds of potential prosecutions for abductions, torture and killings.

Videla and Massera are under house arrest in Argentina on charges of kidnapping babies born to mothers held in captivity during military rule.

An Argentinian Government report says 11,000 people either died or disappeared during a crackdown by the military to wipe out dissent under the dictatorship. Human rights groups say the number is closer to 30,000.
