indignation, condemnation and applause in reading
of the foundations of a controversial decision
After damning arguments regarding the judge's Car Rozanski was applauded by the audience standing in the room, while the other two judges were designated as "accomplices to genocide."
More than a month after the ruling that acquitted Colonel Alejandro Guillermo Duret and sentenced to house arrest retired general Pedro Pablo Mansilla for the kidnapping, torture and murder of a militant Peronist Youth, Carlos Labolit
to the court, composed of its president Nelson Jarazo, Alejandro Esmoris and Carlos Rozanski- yesterday called for the audience reading the basics of sentence. However, only single-Rozanski judge sentenced the two accused, "read the evidence on which it relied to reach failure in dissent. This was because, princip almente that once the exposure of the judge, the audience in the room stood and applauded vigorously repudiated the rest of the court, which led to evict
ra the room.
Another factor that prevented the reading of the foundation was re constants that hearing lasted 9 hours, so that, after excluding the public, the complaint by Dr. Cesar Sivo suggested reading and leave the copy to be delivered by the parties. The request was acceded to by defense lawyers as well as the public prosecutor and the other part of the lawsuit represented by the Human Rights Secretariat of the Province of Buenos Aires.
applauded Failure
Dr. Carlos Rozanski started reading around 10:30 with a framework provided by a large audience in the room and a major manifestation of protest against the majority ruling issued on July 3.
The judge based his decision primarily based on the facts of the case which permit to consider under what are called crimes against humanity. This, which at first seems a mere truism, lets give Relevance ia a series of testimonies and evidence, perhaps, in a trial linked to a crime of aggravated murder but not in the context of genocide, could be dismissed.
"The day the lions have their own historians, stories of hunting will be different," says an old African proverb that was included in the decision of the judge, referring to more than 30 years after the occurrence of facts and a clear framework of impunity which, it was argued, was part of the plan ap anointed to "exterminate" a sector of society in Argentina.
These terms are developed for several hours exposure to Rozanski characterized by numerous citations to cases of eminent criminologists and national and international processes linked to social policy which have led to similar crimes that occurred in Argentina during the military dictatorship. They went through the story references the Nazi Holocaust, the Armenian genocide, the Milosevic trial at the Yugoslav , the wars in Vietnam and Algeria, among numerous other examples of international jurisprudence that allowed the judge Labolita argue that the case falls within what considered a crime against humanity and no common crime.
"We're not at the mere sum of crime," he said Rozanski added that these facts should be judged in the context of "something significantly larger, corresponding to designate as genocide."
In reading several passages, the audience, mostly members of human rights organizations, applauded the judge said, especially when exposed each of the evidence that the judge showed c clarity on the authorship of the two suspects.
addition, in the grounds, Rozanski dared to argue that the arguments of the defense, trying to engage in a logic of what might be dubbed "criminal law the friend. "divergent axis Building the foundations of the" enemy criminal law "-by which it is judged as guilty innocent, the judge suggested that c sa guarantee of impunity is judged to be innocent but the evidence is strong for prove the guilt of both defendants.
Thus, described as "unworthy" the ruling and the arguments of the defenders who always underestimated the evidence arguing that "had no value for their inaccuracies.
To conclude with a clear explanation as to why sentenced to Duret and Mansilla imprisonment, Rozanski stressed that the testimonies and documents s constituted as evidence during the oral debate clearly identify the two suspects as responsible for the disappearance, torture and murder of Labolita.
In this regard, stressed the symbolic value to speak of imprisonment and no imprisonment in the ruling, even though today is not legally make the distinction.
home
Regarding the other point at which failure dissent Rozanski, v instilled to the granting of the benefit of keeping the house arrest retired general Mansilla, Judge forcefully argued for its refusal, stressing that "there is a procedural change of the accused" and that today "suspected of being responsible for the crimes mentioned became, the court unanimously, certainly." This means that today, Mansilla is condemned to life imprisonment for what their benefits and processing should be reevaluated. "No way the identity card a person can force a judge to send her home to a convict, "said the lawyer in their foundations, while adding that" it is necessary to take into account the danger of these men did not hesitate to kidnap, kill and to remove the bodies of their victims. "
Finally, Rozanski said he does not judge where the subject is guilty of the crimes he committed Mansilla go to his house to play with his grandson, but what made to go to an ordinary prison.
and repudiation
18.50 on the clock when, the only judges who voted in dissent on July 3, ended with its foundations. A second later, the entire room stood up and began to applaud while accusatory posters were displayed against Colonel Duret and judges and Jarazo Esmoris. "Duret murderer" and Esmoris Jarazo complicit in the genocide ", were some of the most resonant phrases that could be read. The concurrent outraged began to boo and insult to the two board members responsible for the release of former intelligence chief in the area Missing Carlos Labolita operational.
Given the situation, the court called a recess and ordered the police officers present at the meeting not be allowed to reenter the public.
However, members of various human rights organizations and the general public decided not to enter beyond the disability of the court.
Thus, the meeting resumed with only the three judges and the parties. However, given the factors referred to the readings or continued, the termination of the oral and public debate.
The theory of conspiracy and criminal law friend
During the reading of his reasons, Judge Carlos Rozanski said against the acquitted Colonel Guillermo Alejandro Duret, who, according to the judge, sought to rely on a false theory plot.
A judge ordered his ruling that the two soldiers charged with the murder of Carlos Alberto Labolita, took his time to whip Colonel Duret. Nelson and colleagues Alejandro Jarazo Esmoris, did not escape criticism.
Rozanski said Duret tried to defend herself wielding a conspiracy theory that never existed. Just recalled the colonel said, during his unsworn statement, to be a scapegoat and a fugitive. Also underestimated the court deemed it not to be composed of military and national government accused of interfering in the process.
Judge Duret compared to a defendant for the crime of abuse of children, who often defend blaming the rest. Blame it on the mother of the abused child or family or teacher but never charged. "It should be remembered," said Rozanski, who blamed his trial Duret Karl Marx had written in 1848 by Capital. "
Duret also said that if he was applying the "enemy criminal law" in which the enemy is not given, no justice, condemned even without proof. Rozanski contest, military theory and outlined the "criminal law's friend" is not condemned but leftover testing. The criticism reached their colleagues and Alexander Nelson Jarazo Esmoris the July 3 decided to acquit Duret.
Finally, I devoted a paragraph to the defenders of the military, who would have tried to have foisted a "washed version" of the clandestine detention center that operated in the regiment 1 Blue, which was Mansilla the prime responsibility and Duret, his right hand.
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