Court Upholds Amnesty Law in Argentina

Argentina’s Supreme Court on Tuesday upheld a controversial law that exempts all but about four dozen military officers from prosecution for human rights crimes.

After the high court’s 4-1 ruling, authorities released from prison former police commissioner Miguel Etchecolatz, former police doctor Jorge Berges and former police corporal Norberto Cozzani.

In the ruling, the Supreme Court upheld the convictions of retired Gen. Ramon J. Camps, who had been sentenced to 25 years in prison, and of Gen. Ovidio Riccheri, Camps’ successor as Buenos Aires provincial police chief. The Supreme Court reduced Riccheri’s sentence to eight years from 14.

The three men released were subordinates of Camps and had been serving prison sentences ranging from four to 25 years for torturing prisoners.

The court made its ruling on an appeal filed by the three, who claimed that under the newly enacted “due obedience” law, they should be exempt from prosecution and released because their actions were committed under orders from Camps.

Under that law, given final approval by Argentina’s Congress on June 4, only generals accused of human rights atrocities during the former military junta can be tried, because they presumably ordered the actions. Those with military ranks of brigadier general and below are exempt from prosecution because any actions taken would have been following superiors’ orders.

President Raul Alfonsin, who sponsored the amnesty, said that between 40 and 50 officers remain liable for prosecution for human rights crimes.