Partial Repayment of an Old Debt

For Jose Siderman, 85, justice was delayed for two decades but at least it came in his lifetime. With an assist from courts in Los Angeles, he has triumphed over the forces of intolerance and anti-Semitism.

Siderman’s predicament began in 1976 when the “dirty war” in Argentina was in full swing; it was a reign of military terror that eventually claimed more than 10,000 lives. Siderman was arrested and held blindfolded for seven days for no other reason than being a Jew. He was deprived of food and water, insulted, punched and kicked. When he finally was set free, he did not get an apology. Instead, he was warned to leave the country or be killed. He moved to the United States.

A few years later, Siderman was detained while vacationing in Italy and held in prison for seven months. Argentina was requesting his extradition on a bogus claim, which eventually was dismissed by an Italian magistrate.

After the military was ousted from power, the democratically elected government could have dropped the case, admitted fault, apologized and compensated Siderman adequately.

Instead, Argentina persisted in its pursuit and filed suit against Siderman in Los Angeles County Superior Court, believing it would have the traditional immunity against counter suits granted to foreign governments in U.S. courts. That was not the case. Siderman’s lawyers successfully argued that the Argentine suit granted a de facto waiver of immunity. Later Siderman won a precedent-setting U.S. Court of Appeals ruling that Argentina could be sued here.

Last week, the Argentine government agreed to settle damage claims by Siderman, thus avoiding a public retelling of the horrors created by the military in that atrocious time. Argentina will pay the plaintiff an undisclosed amount. The outcome should be considered a victory not only for Siderman but also for human rights.