Life imprisonment
retired colonel Rezett
In a unanimous decision TOF 1 members found him responsible for the murder of the student from La Plata, which occurred in 1976 in Mar del Plata genocide under the Prison
effective compliance perpetual common jail sentence he received was the retired Colonel Valentin Fortunato Rezett for having found criminally responsible for the crime of murder qualified by treachery and double having been committed by two or more people. The verdict, reached unanimously by the judges Roberto Atilio Falcone, Mario Bava Portela and Martin, was read the Federal Court room No. 1, after the 18.
The ruling overturned the house arrest of the accused enjoyed by "health problems" and ordered the "immediate arrest and stay in a detention facility of the Federal Prison Service."
In another point of failure, was felt that the murder of Analía Magliaro "constitutes a crime against humanity perpetrated in the context of genocide in our country suffered during the civil-military dictatorship."
You decided to send copy of the decision to the Minister of Defence to initiate proceedings concerning the state corresponding condemned military. With this it is possible that the retired colonel, as has the code of discipline of the armed forces, be ejected from the gun to which it belongs.
Finally, it was decided to send a copy to the Prosecutor General to the General Chamber of Appeals to "undertake pre-trial investigations designed to elucidate the possible criminal responsibility of the then Colonel Alfredo Arrillaga in the crimes of aggravated unlawful deprivation, torment compounded by being a politically persecuted, and doubly aggravated murder by premeditated treachery in competition two or more persons to the detriment of Delfina Analía Magliaro.
"IS AN VIL Murder
Around 10 am the Court began the third hearing of oral and public hearing for the murder of Analía Magliari. This time it was the turn of the Attorney General's Office allege. Dr. Daniel Adler took the floor to explain the reasons why the triad asked judges to order the retired Colonel Valentin Fortunato Rezett to "imprisonment for criminal found guilty of the crime of murder qualified by treachery and have been committed by two or more people. " In addition, the prosecutor was forceful in requesting that the penalty is effective enforcement and in an ordinary prison. The order aims specifically to end the benefit of house arrest, which he enjoys the accused.
Dr. Adler exposure lasted for about an hour and focused on showing that during the two previous hearings was to "prove" the responsibility of the accused in the incident.
To this end, the prosecution recalled not only excerpts from the statements of witnesses, which was accredited in the violence used on the victim from the moment he was abducted from the family home Chirri, but also has emphasized to show that crime is within the logic of a systematic plan deployed by the military dictatorship during the 76-83 period.
In this regard, Dr. Adles explained that it was not by chance that Analía Magliaro Gada has been moved to 601, then was killed in a conflict setting and, finally, has been in the fourth police station where their families have had to claim his body. This course exposed to the light of the joint of the repressive apparatus in Mar del Plata again demonstrates the 601-Gada joint where the headquarters was located sub-area 15 - and the fourth police station, identified in more than one occasion as a of clandestine detention centers in the city. It should be stressed also in the analysis by the Office of the alibi "unwise" of the confrontation. Adler recalled, in this sense, the testimony of the two brothers Magliaro who reported that the state was the body of her sister when she had to admit it. Both expressed that it was impossible under the conditions in which the victim was abducted to defend. "There is the treachery of the crime," said Adler to remember that your body Magliaro had marks of torture, had been tied, hooded and gagged. "There can be attributed to a clash has tried, but it was a heinous murder," said the representative of the Attorney General. The allegation
the prosecution, too, was asked to consider what to Rezett as "perpetrator" and not "necessary to participate." This request was based on that, according to the prosecutor, the accused "admitted taking part in the illegal deprivation of liberty, but by order of a superior," referring to is the person who signed the return receipt of the detention. In this regard, Adler explained that due obedience must be rejected in light of the Judgement of Nuremberg, and the Rome Statute.
Finally, the prosecution said was proved during the debate that the then captain was a member of Rezett May Gada flat and as such was responsible for decisions that were taught there. According to Adler, also credited the Rezett belonging to the intelligence community, matching element to the tasks performed by the accused in the Independence Operative.
Finally, Dr. Daniel Adler was forceful in calling for the repeal of home detention: "In principle, the penalties are to be met. Not doing so may be an extension of impunity. "
"Murder is res judicata
After a 20-minute recess, defense attorney Carlos Meira made a brief in which he attempted to demarcate the responsibility of the defendant in crime attributed to him.
With an unorthodox speech, the defense anchored their arguments to discredit the allegation of the complaint, described by Dr. Cesare Sivo contest on Thursday and technically some passages of the foundations poured into the room by Dr. Adler.
"Dr. Sivo misrepresents Berazay," Meira said emphatically, referring to the passage of the complainant's allegation which drew Rezett as the recipient of the detainee. In this regard, counsel noted that his client signed the bill only by order of a superior.
addition, Meira remarked that "Rezett was not an intelligence officer" and that it is only a junior officer the senior staff and therefore no ability to question the orders given by superiors. "At that time, if I did not order, Rezett would be tried by military courts, subject to court-martial and subsequent execution," he concluded.
also described as "crazy" trying to link the defendant in the killing of Magliaro and stressed that "the murder of Miss Magliaro is res judicata, noting that Peter Barda was convicted in 2008 for the murder of the young.
In this framework was that requested the acquittal of his client, and if ordered to maintain the benefit of home detention because "until the sentence becomes final can not alter the conditions of detention of the accused. "
"I am myself and circumstances"
last words
Retired Colonel Valentin Fortunato Rezett stood on the chair from which closely followed the three hearings and stood at attention facing the Tribunal. Impeccably dressed in suit and tie, and neatly combed, Rezett he followed the trial with a martial look and making comments under his breath with his counsel. armed with a blue folder where he kept his presentation, he walked until they reach the seat to give his last words.
"I have the honor and responsibility to speak before your lordships. I believe and respect for justice, "said the person at the beginning of his speech that lasted over half an hour.
"I had a priesthood of Justice on 42-year military career," he said referring to his relationship with his subordinates.
In several passages of his speech, military voice was clouded, especially when referring to own a moral and honesty instilled by his father and that he tried to transfer their children. He was also excited when he spoke of the vicissitudes through which families had to endure during his time of service.
"There Sometimes I hid my wife that was not enough money from my meager salary of captain, "he said.
In relation to the facts alleged against him did not hesitate Rezett determining responsibility, claiming that he signed the receipt for the order of a superior.
On the other hand, denied making intelligence tasks: "I have no inspiration, ability, or inclination for intelligence," he said.
After touring in detail each of the tasks performed in the Army, Rezett appealed to judges to do justice. For his part, he explained, could only say that spends whole nights thinking "why me I had to sign the receipt." Rezett himself gave two answers to your question: "The first one is religious, everything can be planned under the will of God", the second is quasi-philosophical, citing Ortega y Gasset, "I am myself and circumstances" concluded and then thank the "gentlemanly" that was discussed during the trial.
"If a murderer has to pay"
Mario Magliaro, Analía brother, attended the three hearings that followed in this trial. Yesterday, as soon as the judge passed sentence, he looked excited. "If my mother had today would not have been here any kind of externalization against convicted, but had said that justice was done, "he said as a synthesis of the experience. Analia
also recalled "Forever Young, was arrested at the time, has the same age as my youngest daughter, these years always was, is a very difficult thing to explain with words ... it's painful."
Finally, regarding Rezett said that "if an offender, if he is a murderer, as any resident of this country has to pay."
By Juan Carrá
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