Posadas Hospital Trial
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| Posadas Hospital Trial | |
|---|---|
 Posadas Hospital facade. | |
| Court | Federal Criminal Oral Court No. 2 of the Autonomous City of Buenos Aires |
| Full case name | BIGNONE, Reynaldo Benito Antonio and others s/ inf. art. 144 bis paragraph 1 and last paragraph –law 14.616–, 142 paragraph 1 and 5 –law 20.642 and 144 ter first paragraph –law 14.616–, 142 paragraph 1 and 5 –law 20.642 and 144 ter first paragraph –law 14.616–. |
| Decided | February 3, 2012 |
| Keywords | |
| Crimes against humanity | |
The Posadas Hospital Trial (Spanish: Juicio Hospital Posadas) is the name given to the court case for crimes against humanity committed in the clandestine detention center (Argentina) called "El Chalet", located inside the Posadas Hospital, during the military dictatorship called the National Reorganization Process.
The first trial took place between August and November 2011. In this period, the only defendants who reached the sentence, Hipólito Mariani, Luis Muiña and Reynaldo Bignone, were convicted and finally sentenced for the kidnapping, torture and disappearance of hospital workers. Others who were denounced for the act were found incompetent or died before the sentence was passed.
The second trial for crimes against humanity committed there began on April 18, 2018, with two defendants: Luis Muiña (convicted for the events listed in Section I) and Argentino Ríos (tried for the events listed in Section I and II).
Hearings
[edit]The case was brought to trial in 2008 by federal judge Daniel Rafecas, who was in charge of the large case of the First Army Corps (among which were the Atlético, Banco y Olimpo (ABO) case, the ABO bis case and the Automotores Orletti case).[1]
The trial hearings were scheduled to begin on August 10, 2011, before the Federal Oral Court No. 2 of the Federal Capital, composed of Judges Pablo Daniel Bertuzzi, Rodrigo Giménez Uriburu and Jorge Luciano Gorini, but the date was postponed "due to issues inherent to the court."[2] A month later, the start was rescheduled again, and the hearings finally began on October 20, 2011.[3][4]
Events judged
[edit]On March 28, 1976, four days after the coup d'état, the "Hospital Posadas" was occupied by Army forces under General Reynaldo Benito Antonio Bignone.[5] As part of this occupation, several members of the hospital were illegally detained and subsequently dismissed for being "linked to subversive or dissociative activities", no further proof than this statement was needed, due to a decree law (Expendability Law 21,260) issued on the same day of the military coup.[6]
On April 13, 1976, Colonel Julio Ricardo Esteves was appointed as interventor of the hospital and remained in office until March 8, 1977. Esteves, during 1976, encouraged the arrival of a group of men to whom he assigned the functions of "security guards". They formed a group they called "Swat", formally appointed to guard the hospital and ensure the integrity and property of its employees and the professionals who worked there, but which in reality was dedicated to other functions related to the alleged "anti-subversive struggle". In fact, a report made by the Batallón de Inteligencia 601 of the Argentine Army assumed "that there was a health post at the hospital dedicated to the care of subversive elements".[7]
One of the two chalets on the hospital grounds was converted into a clandestine detention center after the hospital's director until 1976, Julio C. Rodríguez Otero, was illegally detained and tortured and his family forced to leave the hospital.[8] Beginning in November 1976, the "Swat Group" used this chalet to kidnap and torture at least seven cases, which was proven during the course of the trial.[6][9]
On January 11, 1977, Air Force personnel carried out an operation to disband the Swat group, which culminated in the arrest of its members.[10]
Charged
[edit]- Hipólito Mariani, Major Brigadier (RE) of the Argentine Air Force, head of the military area in charge of the hospital as of June 1977, awaited trial under house arrest.[9] At that time, Mariani had already been sentenced to 8 years in prison for his actions in the clandestine detention center "Mansión Seré".[11]
- Luis Muiña, a civilian belonging to the so-called "Swat Group", awaited trial in detention at the Marcos Paz Complex II of the Federal Penitentiary Service.
- Reynaldo Benito Antonio Bignone, Major General (RE) of the Argentine Army, awaited trial in detention under house arrest. Bignone had two convictions at the time of the trial: the first in 2010, for 25 years,[12] and a second one the following year, for which he was sentenced to life imprisonment.[13]
Similarly, Argentino Ríos, a civilian belonging to the so-called "Swat Group", was charged and the debate in the case began with him as the accused. However, during the hearings he had a cardiac decompensation and was later removed from the trial when he underwent surgery at the Durand hospital, due to the conclusions of the Forensic Medical Corps of the National Justice.[14] Similarly, Colonel Agatino di Benedetto, the first controller of the hospital, was exonerated for insanity. Other defendants died before the trial began, such as medical colonel Julio Esteves, the controller who created the "Swat Group" and Juan Máximo Copteleza, head of the group.[9][15]
Victims
[edit]| Name | Position | Date of kidnapping | Place of kidnapping | Release Date | Comments |
|---|---|---|---|---|---|
| Lidia Cristina Albano | Pediatric Resident | March 28, 1976 | Posadas Hospital | March 28, 1976 | |
| Carlos Juan Apezteguía | Intensive Care Doctor | March 28, 1976 | Posadas Hospital | March 28, 1976 | |
| Camilo Francisco Campos | Nephrologist Doctor of Medical Clinic and Intensive Care | March 28, 1976 | At their home | March 28, 1976 | |
| Enrique Malamud | Assistant Hospital Director | March 28, 1976 | Posadas Hospital | March 28, 1976 | |
| Ana María Mühlmann | Gynecologist Doctor | March 28, 1976 | Posadas Hospital | March 30, 1976 | |
| Marta Muñóz | Pediatric Resident | March 28, 1976 | Posadas Hospital | March 28, 1976 | |
| Juan Manuel Nava | Doctor of Medical Clinic and Intensive Care | March 28, 1976 | Posadas Hospital | March 28, 1976 | |
| Julio Rodríguez Otero | Assistant Hospital Director | March 28, 1976 | Posadas Hospital | March 28, 1976 | |
| Dora Agustín | Chief of Staff | March 29, 1976 | Posadas Hospital | March 29, 1976 | |
| Carlos Heraldo Bevilacqua | Intensive care doctor | March 29, 1976 | Posadas Hospital | March 29, 1976 | |
| Rubén Ernesto Drago | Employee | March 29, 1976 | Posadas Hospital | March 29, 1976 | |
| Davor Kvaternik | Doctor of Medical Clinic and Intensive Care | March 29, 1976 | Posadas Hospital | March 29, 1976 | |
| Daniel Manigot | Doctor of Medical Clinic | March 29, 1976 | Posadas Hospital | March 29, 1976 | |
| Hugo Nin | Head of Anesthesiology | March 29, 1976 | Posadas Hospital | March 29, 1976 | |
| Hernando Luis Sala | Doctor of Medical Clinic and Intensive Care | March 29, 1976 | Posadas Hospital | March 29, 1976 | |
| Susana Sztabzyb | Doctor of Medical Clinic and Intensive Care | March 30, 1976 | Posadas Hospital | March 30, 1976 | |
| Gladys Evarista Cuervo | Nurse | November 25, 1976 | Posadas Hospital | January 22, 1977 | She was detained in the clandestine detention center "El Chalet" and at the Palomar Air Base, where she was tortured. |
| Jacobo Chester | Doctor | November 26, 1976 | At their home | He was taken to "El Chalet", where he was tortured and murdered. His body was found in La Plata River | |
| Jorge Mario Roitman | Doctor | December 2, 1976 | At their home | He was transferred to "El Chalet", tortured and disappeared | |
| Jacqueline Romano | Doctor | December 1, 1976 | Ezeiza Polyclinic | December 12, 1976 | She was transferred to "El Chalet" and tortured. |
| Marta Elena Graiff | Sterilization area employee | January 11, 1977 | At their home | December 11, 1976 | She was transferred to "El Chalet" and tortured. |
| Julio César Quiroga | Employee | January 5, 1977 | At their home | He was transferred to "El Chalet", tortured and disappeared |
Likewise, the trial excluded 10 cases of persons who were still missing (although the sentence ordered an investigation into the events that occurred). Among them are: Ignacio Jesús Sánchez, a technical student who worked in the Hemotherapy service; María Ángela Cairo de Garassino, an ER nurse; and Daniel Eduardo Calleja, a psychiatrist.[16]
Witnesses
[edit]At the trial, the following persons appeared as witnesses to what happened:[17]
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Sentence
[edit]
In the final arguments, the complaint requested 25 years in prison for the three charged,[18] while the prosecution requested the same amount for Bignone, 20 years for Muiña and 12 years for Mariani.[19][20]
- Hipólito Mariani, who during the trial admitted knowing the actions of the "Swat Group", confirmed the existence of the clandestine detention center.[21] He was sentenced to 8 years imprisonment and absolute and perpetual disqualification for illegal deprivation of liberty committed as a public official with abuse of his functions or without the formalities prescribed by law, aggravated by its duration of more than one month; and the imposition of torments imposed by a public official on the prisoner who guards against Cuervo.[22][23]
- Luis Muiña, was sentenced to 13 years of imprisonment, absolute and perpetual disqualification for illegal deprivation of liberty committed as a public official with abuse of his functions or without the formalities prescribed by law, aggravated by the use of violence or threats, reiterated on five (5) occasions; imposition of torments in relation to the conditions of captivity imposed, reiterated on five (5) occasions; and imposition of torments imposed by a public official on the prisoner in custody, reiterated on five (5) occasions; Cuervo, Chester, Roitman, Romano and Graiff.[22][24]
- Reynaldo Benito Antonio Bignone, was sentenced to 15 years in prison and special disqualification for double the term of the sentence for illegal deprivation of liberty committed as a public official with abuse of his functions or without the formalities prescribed by law, aggravated by the use of violence or threats, reiterated on fifteen (15) occasions; Albano, Muñoz, Apezteguía, Mühlmann, Campos, Malamud, Nava, Rodríguez Otero, Agustín, Bevilacqua, Manigot, Drago, Nin, Sala and Kvaternik.[22][24]
The sentence ordered a parallel investigation into Carlos Andrés Paradela, a dentist who ended up as head of the security service. He testified as a witness on October 28, 2011, during the trial, but that day one of the survivors, Hugo Nin, recognized him as one of the hospital's collaborators.[11][25]
The convictions became final on August 21, 2013, when the Supreme Court rejected the defense's last remaining appeal.[26]
In 2014, the National Chamber of Criminal Cassation rejected the application of the repealed "two-for-one" benefit, which provides for double counting the number of days in pretrial detention after the accused has served two years in that situation, which had been used by the court to calculate the sentence handed down in 2011 to Bignone and Muiña.[26]
Critiques
[edit]The trial was not without its critics. Before it began, the time that passed between the elevation to trial and the beginning of the trial was questioned, so much so that the Chamber of Criminal Cassation reassigned the trial to Federal Oral Court 3.[27] This tribunal did not carry out the trial either because of its three members, one excused himself and was recused by Bignone's defense and two others were recused by the complaint for "not guaranteeing impartiality".[28] For all this, it was finally reassigned to Federal Oral Court 2.
At the same time, the trial was criticized by human rights organizations and the prosecution itself for not having accepted the charge of homicide against the charged –despite the fact that in the Trial of the Juntas the murders had already been proven–, and for the sentences being lower than the required amounts.[29]
References
[edit]- ^ Hauser, Irina (November 25, 2008). "Otro juicio oral para el dictador". Página 12 (in Spanish). Archived from the original on December 29, 2008. Retrieved August 27, 2016.
- ^ "Postergaron el comienzo de un nuevo juicio oral contra el expresidente de facto Reynaldo Bignone". Centro de Información Judicial (in Spanish).
- ^ "Reprogramaron el inicio de un nuevo juicio oral contra Reynaldo Bignone". Centro de Información Judicial (in Spanish). September 21, 2011. Retrieved August 21, 2016.
- ^ "Lesa humanidad: arrancó nuevo juicio oral contra Reynaldo Bignone". Centro de Información Judicial (in Spanish). October 20, 2011. Retrieved August 21, 2016.
- ^ Conadep (October 1, 2006). Nunca Más (in Spanish). Eudeba. pp. Buenos Aires. ISBN 9789502315577. Retrieved March 18, 2016.
- ^ a b Bertoia, Luciana Carolina (2013). La dictadura en el Hospital Alejandro Posadas (PDF) (in Spanish). Vol. 3. Aletheia. Archived from the original (PDF) on August 22, 2016. Retrieved August 16, 2016.
- ^ Sentencia (2012, p. 352)
- ^ "Historia del Hospital". hospital posadas.gov.ar (in Spanish). Archived from the original on July 14, 2014. Retrieved August 14, 2016.
- ^ a b c "Los crímenes cometidos en El Chalet". Pagina12 (in Spanish). August 30, 2011. Archived from the original on August 17, 2016. Retrieved August 27, 2016.
- ^ Sentencia (2012, p. 256)
- ^ a b "Cuando los blancos fueron médicos y enfermeros". Página 12 (in Spanish). December 30, 2011. Archived from the original on April 18, 2015. Retrieved August 27, 2016.
- ^ "Condenaron a Reynaldo Bignone a 25 años de prisión por crímenes de lesa humanidad". Centro de Información Judicial (in Spanish). Retrieved August 21, 2016.
- ^ "Condenan a Patti, Bignone, Riveros y Rodríguez a prisión perpetua por delitos de lesa humanidad". Centro de Información Judicial (in Spanish). Retrieved August 21, 2016.
- ^ "El centro clandestino del hospital". Página 12 (in Spanish). October 20, 2011. Retrieved August 14, 2016.
- ^ "La causa Posadas a juicio". Página 12 (in Spanish). January 31, 2009. Retrieved August 27, 2016.
- ^ "Juicio por los delitos de lesa humanidad en el Posadas". Agenda de Noticias de la CTA Autónoma (in Spanish). October 21, 2011. Retrieved August 17, 2016.
- ^ Sentencia (2012, p. 22)
- ^ "Lesa humanidad: piden que Bignone sea condenado a 25 años de prisión por crímenes en el Hospital Posadas". Centro de Información Judicial (in Spanish). December 1, 2011.
- ^ "Lesa humanidad: la Fiscalía pidió 25 años de prisión para Bignone por crímenes cometidos en el Hospital Posadas". Centro de Información Judicial (in Spanish). December 2, 2011. Retrieved August 21, 2016.
- ^ "El pedido del fiscal". Página 12 (in Spanish). December 2, 2011. Archived from the original on June 13, 2013. Retrieved August 27, 2016.
- ^ ""Yo intenté morigerar la actuación de ellos"". Página 12 (in Spanish). October 21, 2011. Archived from the original on August 22, 2016. Retrieved August 20, 2016.
- ^ a b c "Lesa humanidad: Casación Penal ratificó condenas por delitos en Hospital Posadas". Centro de Información Judicial (in Spanish). November 29, 2012. Retrieved August 14, 2016.
- ^ Sentencia (2012, p. 387)
- ^ a b Sentencia (2012, p. 388)
- ^ Sentencia (2012, p. 47)
- ^ a b "Negaron la aplicación del "dos por uno" a dos represores para el cómputo de su pena". fiscales.gob.ar (in Spanish). May 22, 2014. Retrieved August 23, 2016.
- ^ "Reasignaron cuatro causas contra represores para acelerar los juicios". Página 12 (in Spanish). April 3, 2009. Archived from the original on February 23, 2014. Retrieved August 27, 2016.
- ^ "Bignone logró dilatar el inicio del juicio". Página 12 (in Spanish). Jun 16, 2009. Archived from the original on June 21, 2009. Retrieved August 27, 2016.
- ^ "El problema de juzgar a los autores directos". Página 12 (in Spanish). November 21, 2011. Archived from the original on May 1, 2016. Retrieved August 27, 2016.
External links
[edit]- Full sentence of the Posadas Hospital Trial (in Spanish)