Professional Documents
Culture Documents
Mini Informe Anual 2007 (Ingles)
Mini Informe Anual 2007 (Ingles)
A Argentine
G G G Forensic
T T AAnthropology
T G G CTeamG A G A
EQUIPO ARGENTINO DE ANTROPOLOGÍA FORENSE
C G T T T C G G G A A R C C C
2007 MINI ANNUAL REPORT
G Covering
C the T period
T January
A toCDecember
G 2006G A A A T C T G
T C T T T G A C G A C T C G T
T C T T A G A G G A C T C C T
A G A G C T G G T C T A G A T
A G A A C T G G T A T A G G T
C C T A G G C G T T A C A A
C C T T G G C G T G A C A C
A A G C T T G G C C G A A C G
A G G C T T A G C C G A A C G
C C A G T A C A T G A A C G A
C C G G T A C A T G T A C G A EAAF
A G A G T T C T G T C G A G A
A G G G T T A T G G C G A G A
C G T T T C G G G A A R C C C
Argentine Forensic Anthropology Team
EQUIPO ARGENTINO DE ANTROPOLOGÍA FORENSE
Table of Contents
2 Introduction 28 Cyprus 42 South Africa
At the request of the United Nations At the request of the National
8 Acknowledgements
Committee on Missing Persons in Cyprus, Prosecuting Authority (NPA), EAAF con-
10 Recommendations EAAF is leading an international team of ducted a mission to South Africa to
forensic experts on the search for Greek investigate apartheid-era crimes.
14 MISSION REPORTS Cypriots and Turkish Cypriots missing Together with the Missing Persons Task
since the 1963-1964 and 1974 incidents. Team, an agency of the NPA, EAAF car-
14 Argentina
The project, which began in August 26, ried out exhumations, performed
EAAF continued its work in Argentina
has so far resulted in the identification of anthropological analysis, and trained
to identify people who disappeared
28 remains of missing persons, corre- post-graduate students.
during the last military regime, moving
sponding to 15 Greek Cypriots and 13
investigations forward in the provinces 46 Uruguay
Turkish Cypriots. Mission details must
listed below. EAAF is providing evidence At the request of the Office of the
remain confidential at this time.
in new and reopened prosecutions. President of Uruguay, EAAF provided
30 El Salvador assistance in the identification of the
n Introduction
EAAF conducted a mission to remains of Ubagesner Chaves Sosa
n Province of Buenos Aires
El Salvador at the request of Tutela and Fernando Miranda. These are
n Province of Catamarca
Legal, the human rights office of the the first identifications of remains of
n Province of Chaco
Archdiocese of San Salvador, to carry disappeared persons found in Uruguay.
n Province of Córdoba
out a preliminary investigation into the
n Province of Corrientes
1932 massacre of Izalco. 48 SPECIAL SECTION
n Province of Entre Ríos
n Province of Formosa 34 Mexico 48 Right to Truth
n Province of Santa Fe EAAF worked in Chihuahua State on EAAF’s work supports the fundamental
n Province of Tucumán the recovery and identification of over rights to truth and justice of victims of
60 female remains associated with the human rights violations, their families,
24 Bolivia
investigation of murdered and disap- and societies at large. This section
EAAF conducted two missions to
peared women in Ciudad Juárez and provides an update on prosecutions in
Bolivia, advising the Santa Cruz de la
the city of Chihuahua. Argentina for human rights abuses
Sierra District Attorney’s Office on
during the last military government.
forensic aspects of the investigation of 38 Morocco
Bolivians who disappeared between EAAF conducted a mission to Morocco 53 Awards
1964 and 1982. EAAF also assisted on contract with the International EAAF received a B’nai B’rith Foundation
the Association of Families of the Center for Transitional Justice to award in recognition of its work to
Disappeared and Martyrs for National assess current and future forensic promote human rights.
Liberation in the José Luis Ibsen case. work resulting from the Equity and
54 Documentation and Outreach
Reconciliation Commission, a govern-
26 Chile Visual documentation and outreach
mental truth commission investigating
EAAF formed part of a panel of experts activities are part of EAAF’s effort to share
state-sponsored disappearances and
established by Chile’s Presidential the results of forensic investigations, along
killings between 1956 and 1999.
Advisory Commission on Human Rights with the personal stories accompanying
to make recommendations on possible 40 Paraguay them, to affected communities, associa-
Photo by Mabel Vargas
problems related to the identification EAAF conducted three missions to tions of families of victims, human rights
of disappeared persons found in Plot Paraguay to collaborate with the organizations, related institutions, and
29 of Santiago’s General Cemetery in Commission for Truth and Justice on society at large. This year, we focus on
1991 and 1997. the search for persons who disap- recent EAAF published articles.
peared during the regime of General
Alfredo Stroessner, carrying out forensic
investigations and assisting on historical
research and database management.
The Founding of EAAF One of EAAF’s guiding principles is to maintain the utmost
respect for the wishes of victims’ relatives and communities in
n early 1984, CONADEP (The National Commission on
The Prosecutor’s Office of the Valsecchi, Malu Herdt, Sebastian Escofet, AUSTRALIA Dr. Stephen Cordner and Dr. Soren
State of Chihuahua, Mexico Nicolás Tuozzo, Martín Lambretchs, Alan Blau, Victorian Institute of Forensic Medicine
Ostaszinsky, Ruben Piputto, Charlie Rattazzi,
United States Agency for AUSTRIA Ute Hofmeister, archaeologist, ICRC
International Development Federico Peretti, Martin Merello, Nahuel
Jácome, Juanito Jaureguiberry, Leo Ricciardi, n
BELGIUM Dr. Ana María Masramón n Marta
Daniel Valladares, Judith Ambrune and person-
We would also like to and Kawasaki, the Cat
nel from the General Secretary of the Federal
give special thanks to Chamber n María Eugenia Michlig, Silvia San
BOLIVIA Raquel Barreto, Dalmiro Villamar,
Martín, Dolly Scaccheri, Estela Segado, Judith
our individual donors: Gustavo Rodríguez Ostria, Asociación de
Said, Oscar Ciarlotti, Jorge Condomí, Rodolfo
Shuala F. and Martin Drawdy Familiares de Detenidos Desaparecidos y
Rapetti of the Human Rights Office of
Mártires por la Liberación Nacional (ASOFAMD)
Vincent Phillips Argentina n Dr. Federico Villegas Beltrán,
Lee Allen Director of Human Rights, Ministry of Foreign CANADA CENTER FOR APPLIED GENOMICS AT THE
Robert and Ardis James Affairs n Andrea Vallarino, FO-AR - Ministry of HOSPITAL FOR SICK CHILDREN: Dr. Steve Scherer,
Foreign Affairs n Beatríz Pfeiffer, Human Rights Associate Director, Dr. Tara Paton n Debbie
Leslie Eisenberg
Office of Santa Fe n Domingo Pochetino, Sub Bodkin, Regional Police, York, Ontario n
Meredith Larson and Alex Taylor
Secretary of Human Rights - Santa Fe n Pablo Community of Newmarket, Ontario
Vasell, Secretary of Human Rights of Corrientes
We are also grateful to n Amelia Baez, Secretary of Human Rights of CHILE Mrs. María Luisa Sepúlveda, President,
Witness, Inc. of Boulder, Misiones n Inés Ulanovsky, artist n María Comisión Asesora Presidencial para las
Consuelo Castaño Blanco, President of the Políticas de Derechos Humanos
Colorado, USA, for serving
Comisión Desaparecidos Españoles in
as our fiscal conduit. CYPRUS Committee on Missing Persons of
Argentina n Elisa Varone and Ireme Quaglia,
ICRC delegation in Argentina n Alicia Dasso, Cyprus n Dr. Morris Tidbal Binz, Forensic
coordinator, ICRC n Oran Finegan, Ireland, University of Pretoria n Alan Morris, Lauren Rifkin Travel n Dr. Steven Symes and Dr.
forensic anthropologist n Hugh Tuller, USA, Joshua, Tasneem Salie, Jacquie Friedling, Dennis Dirkmaat, forensic anthropologists at
forensic anthropologist n Clea Koff, USA, Nhlanhla Dlamini, Thabang Manyaapelo and Mercyhurst College n Mark Holterhouse,
forensic anthropologist n Cecily Crooper, UK, Sven Machers, University of Cape Town n Center for Victims of Torture n Juan Méndez,
forensic archaeologist Morongwa Mosothwane, University of lawyer, Executive Director of International
Witwasterand n Patricia Hayes, University of Center for Transitional Justice and U.N.
DENMARK Dr. Hans Peter Hougen, forensic the Western Cape Special Rapporteur on Genocide n Margaret
pathologist Gruenke n Megan Gorman, Stanford
SWITZERLAND Claudia Geréz n Dr. Morris University n Jeff Long and Baine Kerr, Witness,
EL SALVADOR María Julia Hernández and Tidball Binz, “The Missing” Project, Inc. n Ken Weingold n Marnie Metsch,
Wilfredo Medrano, Tutela Legal n NATIONAL International Committee of the Red Cross n pro-bono legal counsel, Ropes and Gray n
MEDICAL LEGAL INSTITUTE: Dr. Hernández Gaviria, Tina Mesquiati, social worker n Doudou New York Lawyers for the Public Interest, Inc.,
Dr. Orellana, Dr. Méndez, Dr. Pablo Mena, Dr. Diène, U.N. Special Rapporteur United on Anne Humphreys n Dr. Judith Freidenberg,
Saúl Quijada, Dr. Francisco Menjívar n The Contemporary Forms of Racism, Racial anthropologist n Megan Nesbit, Salesforce n
Chicas Family Discrimination, Xenophobia and Related Ambassador Héctor Timerman and Minister
Intolerance n John Ralston and Stuart Groves, Alejandro Bartolo, General Consulate of
FRANCE Danielle Incalcaterra, filmmaker n Office of the United Nations High Argentina in New York n Lawrence B. Conyers
Fausta Quattrini, filmmaker Commissioner for Human Rights n Richard Harill and Risa Grais-Targow,
ITALY Lucio Aguerre and José Pettite, Bard College Program on Globalization and
THE NETHERLANDS Mariano Slutzky, journalist
Argentina-Europe Solidarity Association International Affairs
(ASEAR) n Dr. Beltroni, Government of Rome n UNITED KINGDOM AMNESTY INTERNATIONAL,
GENERAL SECRETARIAT: Rupert Knox, Americas URUGUAY Lic. Ma. Soledad Cibil, Secretaría
Stefania Tuzi, architect n Grazia Tuzi, anthro-
Regional Program researcher, Gill Nevins, de Seguimiento de la Comisión para la Paz n
pologist n Dr. Luigi Nieri, Regional
African researcher n Paola Ponce, physical Familiares de Detenidos – Desaparecidos de
Development Advisor for Education and
anthropologist Uruguay.
Work, Government of Rome
SPAIN Dr. Conrado Rodríguez Martin, Canary NEW YORK CONSULTANTS Ariadna Capasso
MEXICO Mexican Commission for the
Institute of Bioanthropology n Dr. Manuel Polo n Lesley Carson n Sandrine Isambert n Dara Kerr
Protection and Defense of Human Rights n
Cerdá, University of Valencia n Dr. Francisco n Rachel Weintraub
Justice for Our Daughters n Commission to
Prevent and Eradicate Violence against Etxeberría and Javier Ortíz, Basque Country n
NEW YORK VOLUNTEERS Dan Cashin n
Women in Ciudad Juárez n Washington Office Municipal Institute of Health, Barcelona n
Ailin Doman n Brianna van Erp n Graciela
on Latin America n Arturo Rodríguez Tonelli, Association for the Recovery of Historical
Flores n Carol Ann Gleason n Maria LaCalle n
European Union, European Commission Memory, Emilio Silva, President, and
Monserrat Sans, lawyer n Associació per la Felicia Madimenos n Jhonny Muñoz n
Mexico Delegation n Alma Guillermoprieto,
recuperació de la memòria històrica de Raymond Pettit
journalist n Ana Lorena Delgadillo, consultant
n Alma Gómez Gómez, consultant n José Catalunya, Manuel Perona, President; Núria
VOLUNTEER TRANSLATORS Lourdes Sada n
Ángel Herrera, consultant n U.S. Consulate in Gallach, Secretary
Bertrand Besançon
Ciudad Juárez n Mario Bronfman, Ford
UNITED STATES Dr. Clyde C. Snow, forensic
Foundation, Mexico Office. PHOTOGRAPHY Comisión de Verdad y
anthropologist n Jerry Snow n WASHINGTON
Justicia, Paraguay n Pablo Garber, Argentina
OFFICE ON LATIN AMERICA: Joy Olson, Laurie
PARAGUAY All commissioners and staff, n Mabel Vargas, Chile n Sandro Pereyra,
Freeman, Adriana Beltran, Gaston Chiller,
Commission of Truth and Justice n Miguel Uruguay n Revista Punto Final, Chile n
Geoff Thale n AMNESTY INTERNATIONAL: Eric
Romá, Argentine Ambassador for Paraguay n Museo de la Palabra y la Imagen, El Salvador
Olson, Advocacy Director for the Americas n
Andrés D. Ramírez, Coordinador, Unidad de n Susan Meiselas, Magnum Photos, USA n
WITNESS: Gillian Caldwell, Executive Director
Desapariciones Forzadas y Ejecuciones Simone Duarte, Argentina n Alejo Garganta
and staff n The Open Society Institute: Arier
Extrajudiciales Bermúdez and Comisión por la Memoria de
Neier, executive director and George Vickers,
la provincia de Buenos Aires
PORTUGAL Dr. Maria Cristina de Mendonça, Latin America director n Claudia Hernández,
forensic pathologist President’s Assistant, Open Society Institute n
WEB Bertrand Besançon n Kevin Broch and
Maria Santos Valentin, general counsel; Janet
Bill Fraser, Clearport
SOUTH AFRICA Anton Ackerman and Jappa and Joseph Behaylo, Grant manage-
Madeleine Fullard, National Prosecuting ment n Priscilla Hayner, Director of Outreach COVER DESIGN AND ANNUAL REPORT
Authority n Maryna Steyn, Marius Steenkamp, and Analysis, International Center for LAYOUT Amy Thesing
Erika L’Abbe, Human Anatomy Department, Transitional Justice n Sheryll Downey Oliver,
1. Improve the relationship between families have a strong healing effect on families of victims and com-
of victims and forensic teams. munities. However, in some situations and for a variety of
We strongly recommend direct contact between forensic reasons families do not want exhumations; in others,
teams and the relatives of victims. In many cases involving exhumations must be performed respecting relatives’ or
human rights violations, particularly in cases of political dis- communities’ cultural and religious practices with regard to
appearances, the relatives of the victims have been mistreat- the dead, such as reburial ceremonies. If these issues are not
ed by officials, who often deny the very fact of the disappear- taken into account before embarking on a forensic investi-
ance. It is important to reestablish a link of trust and respect. gation, the work may fail and produce more suffering for
those we are trying to assist.
1.1 Facilitate the right to truth for families of There are often non-conflicting ways to respect the victims’
victims. families’ or communities’ decisions in the extreme case of
Forensic investigators should assist victims’ families when- their total opposition to exhumations, while still document-
ever possible by (1) facilitating access to sites where inves- ing human rights violations. From a legal standpoint, this is
tigations are being carried out; (2) providing basic informa- often possible as (1) most tribunals and commissions will
tion before, during, and after the forensic work is conduct- only order forensic work in a very select number of cases;
ed, informing them of the many possible outcomes of any and (2) to prove that a massacre took place, for example,
given forensic investigation (i.e., the likelihood of locating not all of the victims’ remains need to be found and exam-
or identifying remains), and taking into account their ined. From historical and documentation standpoints, we
expectations; (3) considering and addressing their con- can often provide an estimation of the number of victims
cerns, doubts, questions, and objections; and (4) promot- through other means.
ing the means to provide them with the results of forensic
investigations, following international recommendations
2. Create mechanisms to continue the recov-
and forensic protocols.
ery and identification process beyond a
commission’s or tribunal’s mandate.
1.2 Seek consensus from families and/or com- The time in which a truth commission or tribunal operates
munities for exhumations and respect cul- tends to be very short in comparison with the time necessary
tural and religious funeral rites. to exhume and identify victims in a given conflict. Twenty-
Investigators should request the families’ and/or affected five years after the peak of the repression in Argentina, for
communities’ approval in cases when there are no legal con- example, EAAF is still working on the search for the disap-
straints, and when the identities of the bodies to be peared. Similarly, the work in Chile and Guatemala will con-
exhumed are known or strongly suspected. EAAF’s experi- tinue for years. Most commissions do not set up mecha-
ence in different countries, involving diverse cultures, reli- nisms or include in their recommendations specific ways to
gions, and political situations has shown that exhumations continue the work after their investigations come to an end.
and reburial ceremonies relating to human rights violations At times, the forensic work continues with difficulties and
interruptions, and in other circumstances, it ends with the most cases, the use of archaeological and anthropolog-
commission. However, locating and identifying the victims is ical techniques is uncommon or absent. The use of
a right of their families and an obligation of the parties physical evidence in court is, in general, limited and
involved in a conflict. It is also an essential first step in the most testimony is oral. Therefore, by training or creat-
process of reparation that helps a society to deal with its ing a national forensic team or forensic professionals
tragic past. We encourage commissions to provide specific who can address this problem, there is usually a gener-
guidelines in their final recommendations in order to contin- al improvement in criminal procedures and, as a result,
ue the process of finding and identifying the victims of in the rule of law.
human rights violations after their initial work is completed.
c. National teams may serve the families of the victims
and their communities in more effective ways as
3. Whenever possible, improve contacts experts who speak the language, are from the same or
between the independent forensic experts a similar culture, have often lived through comparable
and the local judiciaries, prosecutors, experiences, and often have a strong commitment to
judges, and lawyers. improving the rule of law in their countries.
It is essential to give presentations to local judiciaries and
lawyers with basic information about how the forensic sci- At the same time, in cases where the national teams are
ences, mainly forensic anthropology and archaeology, can governmental, it is always important to have independent
contribute to judiciary investigations. This also provides a local experts or teams as well, since many individuals
valuable opportunity to discuss the way evidence is handled involved in medical legal systems where massive human
in a particular country, to discuss exemplary cases from other rights violations occurred have been complicit or unable to
parts of the world, as well as local ones, and to understand act independently during previous non-democratic regimes
the concerns of the legal community. under investigation.
4. Whenever possible, train and promote 5. Whenever possible, maintain contact with
local teams and local forensic experts. local human rights organizations.
The role of international forensic teams should not be lim- At the time of the occurrence of massive human rights vio-
ited to forensic investigation and analysis, but should also lations in a given country, the judiciary normally loses much
emphasize working with, training, and promoting local of its capacity to impartially investigate crimes committed by
teams and local forensic experts. In countries where mas- the state or by armed parties in a civil conflict. On the other
sive human rights violations occurred and forensic work is hand, truth commissions are usually created in transitional
needed, it is vital to reinforce existing forensic units or moments, such as at the end of civil conflicts, wars, or state
help to train new local teams. This is essential for a variety terrorism, for example. Thus, local non-governmental organ-
of reasons: izations (NGOs) often fill part of the gap. At times, at great
risk to their members, they form a bridge between the inves-
a. In most of these countries, the forensic work of identi- tigative body and the witnesses, survivors, and relatives of
fying victims of violations takes decades. International victims. Even in democratic transitional moments, witnesses
teams will usually spend only a limited amount of time and relatives of the victims will frequently feel more comfort-
during each mission, and only for a few years; a nation- able releasing information to a local NGO or presenting tes-
al team can dedicate itself full-time to this work. timony before a court of law or national or international
commissions of inquiry with the support or mediation of an
b. In many of the countries where we work, forensic sci- NGO. Truth commission investigators usually rely on the
ence is less developed or almost nonexistent and, in work of NGOs as a starting point for their investigations.
cases, this type of commission has no mechanism for dealing 12. Promote the incorporation of international
with witness safety. An ad hoc measure may eventually be forensic protocols for human rights investi-
enacted, depending upon the commission’s specific man- gations into domestic criminal procedures.
date, how it is interpreted, and the flexibility of the interna- The incorporation of international forensic protocols and
tional, national, and regional bodies that may assist in this guidelines for human rights investigations into domestic
process. Though setting up a Witness Protection Program is criminal procedures is essential. This will ensure that scientif-
complicated, it is extremely important to include some sort of ic tools and mechanisms developed for human rights inves-
mechanism from the planning phase as a matter of course. tigations will have a more long-term effect. In support of this
effort, the United Nations and the International Committee
10. Provide counseling or psychological support of the Red Cross (ICRC) have produced several documents
for persons who testify, and for families relating to forensic science and human rights.
and friends of victims before, during, and
after exhumations. CONCLUSION
These are all very difficult and painful moments involving com- In Latin America, the origin and practice of
plicated and unusual mourning processes, at the individual, forensic anthropology was drastically different
community, and national levels. Community and/or individual from other regions. The Latin American experi-
counseling have already been developed by local NGOs in ence resulted in the pioneering of the applica-
places such as Guatemala and Zimbabwe. We believe that tion of forensic anthropology to large human
contracting a local or regional NGO that is already familiar rights investigations. When we started our work
with the culture, language, religion, and individual situations twenty-two years ago, we needed to distance
of the victims will offer extremely valuable benefits to the fam- ourselves from legal-medical systems and other
ilies and communities involved. Local organizations usually governmental institutions that had reportedly
also have a first-hand understanding of the political climates committed crimes and/or had lost credibility
arising from conflicts. Finally, providing counseling through a during lengthy periods of human rights viola-
local or regional NGO can also lead to a more effective repa- tions. We worked outside these organizations,
rations stage in the resolution of a conflict. incorporating new scientific tools for human
rights investigations. In order to have a long-
11. Provide counseling or psychological support term effect, and taking advantage of increased
for staff members who receive testimonies interest in international criminal law and its
and for forensic personnel. domestic incorporation, we are now working
Sometimes the overwhelming weight of the testimonies of
towards adopting international protocols for
witnesses, victims, and their families can produce conflicting
human rights work into domestic criminal pro-
feelings of exhaustion, guilt, and depression in the
cedures. In a way, then, in the past two decades
researchers who are investigating atrocities for truth
we have come full circle.
commissions. In some instances, international investigative
missions have provided psychological support, but this is still
the exception. Counseling may prove especially helpful
when these commissions extend their work to a year or
more, as they often do.
uring the last military dictator- other words, the state that was com- The complexity of the pattern of
A investigations in Argentina
have focused on the city and
province of Buenos Aires, where two-
old teacher, disappeared July 21,
1976.
n Ortiz, Rodolfo, 26 year-old
on the army arsenal “Domingo
Viejobueno” in Monte Chingolo, locat-
ed in the municipality of Lanús,
province of Buenos Aires. While the
thirds of all disappearances occurred. architecture student, father of two, final number of dead is unclear,
disappeared March 29, 1976. remains of approximately 60 persons,
AVELLANEDA CEMETERY n Ridao, Lidia Manuela, 30 year-old most of whom thought to be those of
Avellaneda municipal cemetery is psychologist, disappeared April 19, the attackers, were buried in mass
located in the southern suburbs of 1976. graves at Avellaneda cemetery.5
Buenos Aires, 12 kilometers away from n Secaud, Diego Hernando, 25 According to an investigation by
the capital. Between 1988 and 1992, year-old teacher, disappeared May Argentine researcher Plis-Sterenberg,
EAAF recovered the remains of 336 19, 1977. at least seven soldiers were killed. An
individuals from Sector 134, an area of unclear number of civilians that lived
n Tiseira, Francisco Enrique, 29
the cemetery used during the military near the battalion were caught in the
years old, disappeared April 19,
government to bury the remains of crossfire; estimates of civilians dead
1976.
disappeared and indigent people. range from four to 40 persons.6
Including those from 2006, EAAF has Cemetery records indicated that some
During 2006, EAAF and LIDMO identified a total of 22 disappeared of the bodies were buried as “N.N.” in
obtained five new identifications: persons from Sector 134. two rows of 30 and 19 individuals each
EZPELETA CEMETERY Berazategui cemetery records and of the guerillas were reportedly shot
death certificates of unidentified people after surrendering to the Army and
In 2001, the La Plata Federal Chamber
in the county’s civil registry for the dic- Federal Police forces.
of Appeals requested EAAF to investi-
tatorship years. In 2006, EAAF found in
gate “N.N.” burials in the municipal
cemetery records 5 death certificates The remains of 11 individuals, of the 16
cemetery of Ezpeleta, province of
and 5 “N.N.” burials between 1976 who died as a result of the attack, were
Buenos Aires. Since then, the team
and 1978 that matched the biological returned to the families. The other five
conducted a preliminary investigation,
and traumatic profile of disappeared were buried without being identified.
collecting and analyzing official
persons. In April and September 2006, There are strong indications that one or
records from different administrative
the team exhumed four sets of male two of the unidentified individuals were
archives, such as cemetery books,
remains and one set of female remains Uruguayan citizens who belonged to
death certificates, judicial cases, crimi-
thought to correspond to disappeared the group of attackers. The case file,
nal records, and fingerprints.
persons from this cemetery. Following no. 6047/74 “Summary Instructed by
forensic anthropological analysis and Homicide, Serious Wounds, Illicit
Based on this information, from August 2
with a strong identity hypothesis, the Association and Infraction, Articles 189
to 21, 2005, EAAF exhumed 116 skeletal
team sent samples from the female bis, 229, 292, 213 of the Penal Code,”
remains from individual graves (except
skeleton to LIDMO for genetic analysis. originally contained photographs and
for three double graves). Following foren-
This resulted in the identification of: fingerprints. However, the photos did
sic anthropological analysis, 29 skeletons
not clearly show the victims’ faces and
were selected as possibly belonging to n Pugliese, Susana, 27 year-old
the fingerprints were no longer among
disappeared persons based on their age mother of two, disappeared
the documents that EAAF examined.
and cause of death. September 19, 1977.
I
21, 1977. sponding to four male individuals in
municipal cemetery of San Fernando metal boxes. Possibly because the skele-
n Pinto Rubio, María Angélica, 21 del Valle de Catamarca on the inves- tons were incomplete, the team was not
years old, disappeared February 1977. tigation related to Judicial Case 4148/05 able to identify any peri-mortem gun-
The investigation continues. “Mirtha de Clérici and others on proce- shot wounds in the recovered remains.
dural measures” from the local Federal
Court. The project included the search, On June 21, 2006, based on historical
BERAZATEGUI CEMETERY
exhumation, and forensic anthropologi- research, and anthropological and
The county of Berazategui lies in the cal analysis of “N.N.” individuals buried genetic analyses, EAAF identified the
southwest of Greater Buenos Aires, on in the cemetery following an ERP assault remains of:
the coast of the Río de La Plata. As part on the army barracks in San Fernando
of the investigation of the repression del Valle de Catamarca in August 1974. n Betancourt, Dardo Rutilio,
in the province, EAAF researched Survivors’ testimonies suggest that some Uruguayan, 24 years old.
Province of
Tucumán
epression in Tucumán, located in
San Lorenzo cemetery, Santa Fe. Under EAAF’s supervision, an archaeology team led by
R the north of Argentina, began
before the March 1976 military
coup d’état. During 1974 and 1975,
Juan Mobile and Pedro Mondoni conducts excavations during 2005. Photo by EAAF. social conflicts in the area worsened
(Left) EAAF graph showing one of the three free burial areas where “N.N.” from the repression were interred at North cemetery,
Tucumán province. (Right) Detail showing the complexity of burial patterns in “N.N.” areas of North cemetery, where bodies were
inhumed at different times and depth in the same sepulture; or using different grid systems over several decades.
and guerrilla activity by armed and province between 1974 and 1978. The tery where “N.N.” individuals were
paramilitary groups intensified. In 1974, preliminary investigation focused on buried during the 1970s. With the
ERP initiated an armed struggle in the North cemetery, in the provincial capital. assistance of archaeology and
forested areas of Tucumán. In February EAAF reviewed all of the “N.N.” burials anthropology students members of
1975, the vice-president of Argentina in cemetery records, which included all GIAAT9 and the National University of
signed Decree 261 authorizing registries between June 24, 1975, and Tucumán, EAAF excavated 69 graves,
“Operation Independence,” which December 1983, estimating that about exhuming 250 skeletons. Based on
allowed for the “annihilation of the 200 disappeared individuals could be preliminary laboratory analysis, the
subversion” in the province. buried there. This selection was based on team estimates that 25 of these
the date they were buried as “N.N.” and remains could belong to disappeared
In 1984, after the return of democracy, if they were in either real or contrived persons. EAAF research and exhuma-
the Tucumán parliament formed a confrontations with the armed forces. tions in Tucumán are ongoing.
Bicameral Investigative Commission to EAAF also conducted interviews and
investigate acts of state terrorism in the researched other documentary sources.
province. The commission compiled a
list of 507 kidnappings, including 387 These investigations have led to two initial
Other Provinces
people who were illegally detained and identifications by comparing fingerprints uring 2006, EAAF also partici-
continued disappeared, 96 who were
detained and released, and 24 whose
remains were recovered.
taken from the cadavers with fingerprints
of disappeared persons, kept in the
National Registry of Persons. No further
D pated in ongoing judicial
processes, conducted prelimi-
nary investigations, including inter-
information can be provided at this time. viewing and collecting samples for
In 2005, EAAF began to collaborate with genetic analysis from relatives of the
District Attorney No. 1 in Tucumán in In 2006, EAAF began exhumations in disappeared in the provinces of Jujuy,
search of people disappeared in the three separate areas of North ceme- La Rioja, Mendoza, and Misiones.
ENDNOTES
1. Snow, C.C. and M.J. Bihurriet. “An Epidemiology of Homicide: Ningún Nombre Burials in the Province of Buenos Aires from 1970 to 1984,” in T.B. Jabine and R.P. Claude (Eds.) Human Rights
and Statistics: Getting the Record Straight. Philadelphia: University of Pennsylvania. 1992.
2. According to the findings of the presidential Comisión Nacional sobre la Desaparición de Personas (CONADEP), and EAAF investigations.
3. See “The Coast Cases” section in this annual report, as well as General Lavalle section in 2005 and 2006 EAAF annual reports, and Uruguay sections in EAAF annuals 2002 and 2003.
4. EAAF identifications where LIDMO conducted the genetic analysis: 4 cases in 2003; 8 in 2004; 21 in 2005; and 23 in 2006.
5. Plis-Sterenberg, Gustavo. Monte Chingolo: La mayor batalla de la Guerrilla Argentina. Editorial Planeta. Buenos Aires, 2006. p. 384.
6. Ibid. Annex 2. pp. 466-468.
7. EAAF investigation.
8. CONADEP. http://nuncamas.org/ccd/ccd.htm.
9. Grupo Interdisciplinario Arqueológico Antropológico de la Universidad Nacional de Tucumán.
District Attorney’s Office on the search ate the excavations conducted by EAAF also gave a lecture on forensic
for the remains of José Luis Ibsen, who members of the Institute of Forensic anthropology to graduate legal med-
disappeared on February 28, 1973, Investigations in search of clandestine icine students at Gabriel René
and CIEDEF on the recovery of remains burials of disappeared persons. The Moreno Science University, in Santa
of people reportedly assassinated excavations, done with bulldozers, had Cruz de la Sierra.
and/or disappeared between the produced inconclusive results, and it
1960s and the 1980s. remained unclear whether or not the Second Mission
recovered skeletal remains are relevant Between October 30 and November 1,
Rainer Ibsen Cárdenas, a 22-year-old to the current investigation. EAAF 2006, an EAAF member traveled to La
university student, was reportedly made recommendations to the District Paz to participate in the CIEDEF-organ-
detained by state agents in Santa Cruz Attorney’s Office on how to continue ized seminar, “Application of Forensic
de la Sierra in October 1971 and exe- the forensic investigation. Anthropology to the Investigation of
cuted in a staged escape on June 21, Forced Disappearances.”
1972. In 1973, while searching for his EAAF met with the former district
son, José Luis Ibsen Peña also disap- attorney on the case, Dr. Pilar Cuellar, Following meetings with the justice
peared. In 2005, the Inter-American with judicial officials in charge of the minister’s legal advisor and CIEDEF’s
Commission on Human Rights declared investigation, with ASOFAMD repre- technical team, CIEDEF requested
the Ibsen case admissible.14 sentatives, and with relatives of the EAAF’s technical assistance on the
victims. In addition, EAAF discussed search for persons disappeared
Both José Carlos Trujillo Oroza, men- with Danilo Villamor, a physical between 1964 and 1982. The project
tioned above, and José Luis Ibsen anthropologist working for the entails investigating over 150 cases
Peña were detained at the state prison National Archaeology Department of of Bolivians who disappeared during
El Parí, in Santa Cruz de la Sierra. the Vice-Ministry of Culture (DINAR), the military regimes of Hugo Bánzer,
Investigations into their fates are and other Bolivian forensic scientists, Alberto Natusch Busch, and Luis
being carried out in the 7th District the possibility of collaborating on the García Meza, including guerrillas
Court of Santa Cruz.15 investigation of cases of past human who disappeared at the end of the
rights violations and the strengthen- 1960s and the beginning of the
At the request of the District Attorney’s ing of local forensic anthropology. 1970s in the regions of Teoponte and
Office, EAAF visited La Cuchilla ceme- EAAF would provide theoretical and Ñancahuazú. EAAF would also train
tery in Santa Cruz de la Sierra to evalu- practical training. local professionals.
ENDNOTES
1. Association of Families of the Disappeared and Martyrs for National Liberation.
2. Bolivia’s military rulers included General René Barrientos Ortuño, 1964-1969; General Alfredo Ovando Candía, 1969-1970; General Juan José Torres 1970; Coronel Hugo Bánzer Suárez, 1971-1978;
Coronel Alberto Natusch Busch, 1979; General Luis García Meza, 1980-1981.
3. Cuya, Esteban. 1996. Las comisiones de la verdad en América Latina: Bolivia. Ko’aga Rone’eta. http://www.derechos.org/koaga/iii/1/cuya.html#bol.
4. Ibid. See also, ASOFAMD. “Lista de Asesinados – Desaparecidos.” In Gobiernos dictatoriales en Bolivia: Coronel Hugo Bánzer Suárez (1971-1978), http://www.asofamd.com/ebanzer.php?d=2.
5. Albarracín, Waldo. 1996. “La impunidad en Bolivia: Los regímenes democráticos en Latinoamérica y la impunidad. Presented at the international seminar, “Impunity and Its Impact on
Democratic Processes,” Santiago de Chile, December 14, 1996.
6. ASOFAMD. “Lista de Asesinados – Desaparecidos.” http://www.asofamd.com/ebanzer.php?d=2.
7. Comisión Nacional de Investigación de Desaparecidos Forzados.
8. Hayner, Priscilla B. 2001. Unspeakable Truths: Confronting State Terror and Atrocity. New York: Routledge, pp. 52-53.
9. Llorenti, Sacha. Bolivian Movement against Impunity. “Impunity in Democracy.”
10. Cuya, Esteban. 1996. Las comisiones de la verdad en América Latina: Bolivia. Ko’aga Rone’eta. http://www.derechos.org/koaga/iii/1/cuya.html#bol.
11. Inter-American Commission on Human Rights. IACHR 2006 Annual Report: Bolivia: Trujillo Oroza Case. http://www.cidh.org/annualrep/2006eng/chap.3u.htm.
12. The Trujillo family is a case in point: they initiated the legal process related to José Carlos’ disappeareance in 1972. Twenty years later, they filed a complaint with the Inter-American
Commission on Human Rights, which elevated it to the Inter-American Court of Human Rights in 1999. See, Inter-American Commission on Human Rights, Trujillo Oroza Case, Judgment of
January 26, 2000, Inter-Am. Ct. H.R. (Ser. C) No. 64 (2000). http://www1.umn.edu/humanrts/iachr/C/64-ing.html.
13. Inter-American Commission on Human Rights. IACHR 2006 Annual Report: Bolivia: Trujillo Oroza Case. http://www.cidh.org/annualrep/2006eng/chap.3u.htm.
14. Rainer Ibsen Cardenas y otros v. Bolivia, Caso 786/03, Informe No. 46/05, Inter-Am. C.H.R., OEA/Ser.L/V/II.124 Doc. 7 (2005). http://www1.umn.edu/humanrts/cases/S46-05.html.
15. Ibid.
Garzón, who charged Pinochet with EAAF Participation commission to thoroughly review these
genocide, terrorism, and torture, justifying identifications. The Presidential Advisory
Upon the return to democracy in 1990,
his intervention on the principles of Commission on Human Rights formed a
judicial investigations into the fate
universal jurisdiction for grave human panel of 12 experts, including interna-
of state terrorism victims led to the dis-
rights violations and/or double citizenship tional geneticists, forensic anthropolo-
covery of remains suspected to corre-
of the victims.7 The Chilean government gists, pathologists, and odontologists, to
spond to disappeared persons. A judge
strongly opposed Garzon’s request, argu- advise the government on the best way
ordered the exhumation of over a
ing that crimes committed in Chile should to redress the grave situation.
hundred graves located in Plot 29 of the
be tried in Chile, as well as on Pinochet’s
General Cemetery, in Santiago. In 1991,
immunity as a Chilean senator.8 An EAAF member served on the panel,
Chilean forensic anthropologists excavat-
traveling to Chile between July 31 and
ed 107 graves, exhuming 125 remains
Following a long dispute within the judi- August 5, 2006, and again in December
that could belong to disappeared
ciary and executive branches of Spain, 2006. The panel’s work focused on:
persons. They recovered the remains of
the U.K., and Chile, and a strong mobi-
another individual in 1997.
lization of human rights organizations n Designing a comprehensive strate-
worldwide, Britain’s House of Lords Between 1993 and 2002, Chile’s gy to review what had been done
ordered Pinochet’s extradition to Spain in Medico-Legal Service (SML) identified since 1990 with respect to the
October 1999.9 However, the British 96 of the 126 remains exhumed from remains found in Plot 29.
Secretary of State decided against it, Plot 29 based on anthropological n Selecting scientists to carry out the
allowing his return to Chile on health and odontological analysis, comparing comprehensive review of previous
grounds. Nevertheless, the Pinochet case ante-mortem and post-mortem data. In forensic work.
strengthened the application of interna- 2002, the SML established the Special n Proposing mechanisms to prevent
tional law, and led to a renewed hope Identification Unit to work on the identi- future mistakes.
worldwide for prosecutions of human fication of the remains of the disap- n Proposing revisions to enhance the rel-
rights violations. peared. However, since 1994, some atives of victims’ genetic blood bank.
scientists have raised doubts about n Recommending the application of
Pinochet died in December 2006 while the accuracy of the identifications. As a nuclear DNA, rather than solely mito-
under house arrest, facing prosecution result, in 2005, Judge Carlos Gajardo chondrial DNA, to identify the remains
in Chile for human rights violations ordered the re-exhumation and genetic of suspected disappeared persons.
and corruption.10 testing of the previously identified n Recommending protocols to
remains, which had been returned to the improve areas of the SML, such as
As of October 2006, 109 military and families. Mitochondrial DNA analyses genetics and anthropology.
police officials had been convicted of conducted by the SML produced contra-
human rights violations during the military dictory identification results on 48 of the As of this writing, the forensic audit is
rule and 35 former generals had either 93 cases reexamined. In April 2005, ongoing and a final resolution has yet
been convicted or faced trials.11 President Michelle Bachelet set up a to be reached.
ENDNOTES
1. González Pino, Miguel and Arturo Fontaine Talavera. 1997. Comienza el Gobierno de la Unidad Popular. In Los mil días de Allende, Vol. I, P. González and A. Fontaine (Eds). Santiago, Chile:
Centro de Estudios Públicos.
2. Kornbluh, Peter. 1998. Chile Documentation Project. National Security Archives. http://www.gwu.edu/~nsarchiv/latin_america/chile.htm. See also, Human Rights Watch. 1999. Cuando los
tiranos tiemblan: El Caso Pinochet, La Declasificación. http://www.hrw.org/spanish/informes/1999/pinochet2.html#eeuu. See also, González Pino, Miguel and Arturo Fontaine Talavera. 1997.
Los días finales, In Los mil días de Allende, Vol. I, P. González and A. Fontaine (Eds). Santiago, Chile: Centro de Estudios Públicos.
3. Comisión Nacional Sobre Prisión Política y Tortura. 2004. Informe de la Comisión Nacional Sobre Prisión Política y Tortura. And also, Human Rights Watch. 1999. Cuando los tiranos tiemblan:
El Caso Pinochet, Antecedentes. http://www.hrw.org/spanish/informes/1999/pinochet3.html.
4. Proyecto Internacional de Derechos Humanos. Centros de Detención. http://www.memoriaviva.com/Centros/centros_de_detencion.htm.
5. Comisión Nacional Sobre Prisión Política y Tortura. 2004. Informe de la Comisión Nacional Sobre Prisión Política y Tortura. http://www.memoriaviva.com/Tortura/Informe_Valech.pdf.
6. Lira, Elizabeth. 2006. The Reparations Policy for Human Rights in Chile, In The Handbook of Reparations, P. de Greiff (Ed.), International Center for Transitional Justice, 55-101. Oxford: Oxford
University Press.
7. Victims from Latin American countries that had Spanish citizenship or were entitled to it.
8. Human Rights Watch. 1999. Cuando Los Tiranos Tiemblan: El Caso Pinochet, Antecedentes. http://www.hrw.org/spanish/informes/1999/pinochet3.html.
9. Evans, Rebecca. 2006. Pinochet in London—Pinochet in Chile: International and Domestic Politics in Human Rights Policy. Human Rights Quarterly 28 (1): 207–244.
10. Human Rights Watch. 2006. “Chile: Pinochet Held on Torture Charges.” October 31. http://hrw.org/english/docs/2006/10/31/chile14491.htm.
11. Ibid. See also, Human Rights Watch. 2006. “Chile: El legado de Pinochet puede terminar ayudando a las víctimas.” December 10.http://hrw.org/spanish/docs/2006/12/10/chile14806.htm.
a forensic project on the search for Greek However, major clashes between the
Cypriots and Turkish Cypriots who have been Greek Cypriots and Turkish Cypriots
continued, resulting in deaths on both
missing since the 1963-1964 and 1974 incidents. sides.5 In 1964, the United Nations
Security Council established a peace-
ith a population of Turkish Cypriot minority (18% of the keeping force of 6,000 (UN Peace-
ENDNOTES
1. UNFICYP, UNFICYP History, Background: The Constitution, http://www.unficyp.org/History/hist_backgr.htm.
2. See generally, www.Cyprus-conflict.net, compiled by John Tirman during his tenure as a Fulbright Senior Scholar in Cyprus in 1999-2000. Tirman is currently Executive Director of the Center
for International Studies at MIT. See also, Cassia, Paul Sant, Bodies of Evidence: Burial, Memory and the Search for Missing Persons in Cyprus. New York: Berghahn Books, 2005.
3. UNFICYP, UNFICYP History, Background: The Constitution, http://www.unficyp.org/History/hist_backgr.htm.
4. UNFICYP, UNFICYP History, Background: Mission of the Personal Representative, http://www.unficyp.org/History/hist_backgr.htm.http://www.unficyp.org/History/hist_backgr.htm.
5. Ibid.
6. UNFICYP, UNFICYP History, Creation of the Force, http://www.unficyp.org/History/hist_establish.htm.
7. UNFICYP, UNFICYP History, Events from the coup d’état of July 15-30, http://www.unficyp.org/History/hist_coup_interv.htm.
8. UNFICYP, UNFICYP History, Operations since 1974, http://www.unficyp.org/History/hist_ops_after_74.htm.
9. Ibid.
10. United Nations, Report of the Secretary-General on the United Nations operation in Cyprus, S/2006/931, December 1, 2006.
http://daccessdds.un.org/doc/UNDOC/GEN/N06/630/02/PDF/N0663002.pdf?OpenElement.
11. United Nations News Center, Top UN official welcomes identification of missing persons in Cyprus, July 2, 2007, http://www.un.org/apps/news/story.asp?NewsID=23113&Cr=cyprus&Cr1=.
12. United Nations News Center, Cyprus: final member of missing persons committee installed at UN ceremony, July 3, 2006,
http://www.un.org/apps/news/story.asp?NewsID=19083&Cr=cyprus&Cr1=.
composed of “ladino” men with In 2006, Tutela Legal requested that locations EAAF inspected in Izalco are
orders to decimate the indigenous EAAF conduct a preliminary investiga- currently streets, two of which had
population.2 Reportedly, the victims tion into the 1932 massacre of Izalco, been paved since 1932.
were made to dig their own graves commonly known as La Matanza.
before being shot dead. Others were During the mission, EAAF reviewed EAAF also visited four possible burial
left lying on the surface; some to be testimonies collected by three mem- sites in the town of Nahuizalco. The
buried later by their families. bers of Tutela Legal working on the team examined a tree in the church
case and completed ten interviews courtyard, near which groups of peo-
On January 22, 2007, on the 75th with witnesses and victims’ relatives. ple were reportedly executed and
anniversary of the Izalco massacre, repre- Despite Tutela Legal’s efforts, gaining buried. Two sites visited were in open
sentatives of eight organizations devot- direct access and gathering testi- and broadly defined areas along coun-
ed to the recovery of the memory and monies from witnesses is a difficult try roads. At the Nahuizalco cemetery,
culture of indigenous peoples (Sihua, undertaking given their advanced age. EAAF inspected alleged graves of mas-
FAMA, Papaluate, Asdei, Atiamitac, and So far, the investigators have compiled sacre victims, which had been reused
CRN, among others) joined together to a list of approximately 200 victims. for secondary burials.
form the “Commission to Establish the
Historical Truth of the Events of 1932.” EAAF researched documents that In the town of Sacuatitlán, EAAF
Since 2005, Tutela Legal, the legal office might offer information about the inci- examined the patio and surrounding
of the Archdiocese of San Salvador, has dent, such as newspapers from the streets of San Miguel Arcángel Parish
been working with the Feliciano Ama time, photographs, chronicles, and as a possible burial site. There was
Foundation (FAMA), named after one of historical and social analyses. Some of construction work underway. The
the indigenous leaders killed during the the material is housed at the Museum parish priest informed EAAF that con-
incident, and the indigenous communi- of the Image and Word in San struction workers had uncovered
ties of Sonsonate to assist with the inves- Salvador, which made a documentary what appeared to be human remains.
tigation and related legal proceedings. film about the 1932 massacre. The priest allegedly reburied the
Tutela Legal plans to request that a judge bones on church grounds without
order the exhumation of the remains of Tutela Legal focused its search for reporting the finding.
those killed in the massacre for humani- graves in the town of Izalco, one of
tarian reasons. the communities most affected by the Based on the analysis of these poten-
killings. EAAF examined four sites for tial grave sites, EAAF recommended
possible excavation. First, the team that the commission continue the pre-
EAAF Participation inspected an 80x10 meter outdoor liminary investigation by collecting
EAAF has conducted nine missions to area belonging to the Church of more testimonies and documental
El Salvador since 1991. At the request Asunción. The church, emblematic of information; broaden the investigation
of Tutela Legal, EAAF worked exten- the massacre, is where yearly com- to other affected towns where burial
sively on the forensic investigation of memorations take place. According to sites have been reported; and examine
El Mozote massacre, as well as the mas- testimonies, bone remains were found all the possible burial sites to deter-
sacres of La Quesera and El Barrío—all at the site in the 1970s and 1980s dur- mine whether remains related to the
dating from the 1980s civil war. ing construction work. The other three incident might be found.
ENDNOTES
1. Anderson, Thomas. 1992. Matanza: The 1932 ‘Slaughter’ that Traumatized a Nation, Shaping US-Salvadoran Policy to this Day. Willimantic, CT: Curbstone Press. p. 170.
2. The term “ladino” refers to someone of mixed Spanish and Indian descent.
Lic. María Julia Hernández speaking at a commemorative mass for victims of El Barrío massacre on April 2003. EAAF Archive.
aría Julia Hernández, a sociologist and the director of Tutela Legal, died on March 30,
M 2007. At the Archdiocese of San Salvador, María Julia gathered the most extensive record
of human rights abuses committed during the 1980-1992 conflict. She conducted inves-
tigations and provided legal representation to many victims of human rights violations, including
the cases for the assassination of Monsignor Romero; the killing of six Jesuits, their housekeeper,
and her daughter; and the massacres of El Mozote, El Sumpul, and El Barrío, among others.
Rufina Amaya over the last 15 years and greatly admired them.
violations committed during El Salvador’s 12-year civil war. EAAF is
courage and unrelenting search for truth and justice will be deeply missed.
n March 6, 2007, Rufina Amaya passed away. Rufina was among the few survivors of
O the massacre of El Mozote, in which the armed forces killed over 800 Salvadorans in
December 1981. In 1989, represented by Tutela Legal, she and other survivors sued
the Atlacatl Battalion, an elite counter-insurgency unit accused of being the main force
implicated in the massacre.
(Above and pages 36 and 37) Postcards issued by Justice for our Daughters, a Mexican NGO, as part of an awareness campaign.
Neyra Azucena Cervantes, (19), a university student, disappeared on May 13, 2003, in Chihuahua city. EAAF confirmed the
identification of her remains, which had been found on July 14, 2003.
“ongoing impunity of those responsi- In June 2004, EAAF traveled to Ciudad remains and attempt to remedy
ble, threats directed towards those call- Juárez on an assessment trip. methodological and scientific errors of
ing for justice for women, [and] grow- Commissioner Guadalupe Morfín past investigations. Crucial to EAAF’s
ing frustration on the account of the reached an agreement with the former strategy is to centralize all the avail-
authorities’ lack of due diligence in attorney general of Chihuahua to allow able information on each case, and to
investigating and prosecuting crimes in EAAF to study 20 case files of unidenti- analyze each case both individually
the appropriate manner.”9 A United fied women and three case files from and collectively to detect systematic
States Congress resolution of May 2006 families who expressed doubts about patterns. EAAF gathers data from
urged Mexican officials to end the the identity of the returned remains. morgue and cemetery records, judicial
impunity and conduct thorough and EAAF also met with local NGOs working files, and victims’ families. For each
fair investigations. On a visit to Mexico on the disappearances and murders, as case, EAAF performs a thorough
in April 2007, the Inter-American well as with families of victims and forensic audit, which includes com-
Commission on Human Rights members of local forensic services. paring the results of its own laborato-
expressed concern about the rate of ry analysis with all previous forensic
femicides throughout the country.10 EAAF’s assessment confirmed grave reports. EAAF is building a database
methodological and diagnostic irregu- containing ante-mortem, post-
larities in all phases of the forensic mortem, and genetic results.
EAAF Participation work on the unidentified remains,
EAAF’s work focuses on a fraction of the including recovery and analysis, and EAAF coordinates the investigation from
total cases: those of the non-identified technical and/or credibility problems on the Attorney General’s Office for the
female remains and those where fami- the results of the genetic analyses.11 Investigation of Homicides of Women in
lies of victims expressed doubts about Ciudad Juárez. EAAF relies on a multi-
the identity and the cause of death of In July 2005, through a contract with the disciplinary team of advisors and con-
the remains they received and requested attorney general of Chihuahua, Patricia sultants in a variety of fields ranging
an examination by EAAF. González, EAAF gained access to most of from forensic anthropology and pathol-
the unidentified female remains found ogy to law and sociology. EAAF works
In December 2003, the Washington since 1993 and stored in the Forensic closely with the local NGOs Justicia para
Office on Latin America (WOLA), a Services (SEMEFO) of Ciudad Juárez and Nuestras Hijas and Nuestras Hijas de
U.S.-based NGO, contacted EAAF the city of Chihuahua, as well as to sec- Regreso a Casa (Our Daughters Back
on behalf of the nongovernmental tions of their judicial files. Access to full Home), comprised primarily of relatives
Mexican Commission for the Defense files was in many cases initially resisted by and advocates of missing women and
and Promotion of Human Rights about officials in Ciudad Juárez, even though it girls. The U.S.-based Bode Technology
providing forensic assistance on the was part of the above-mentioned con- Group, one of the most experienced
Juárez cases. Justicia para Nuestras tract. EAAF was also authorized to laboratories in processing bone samples
Hijas (Justice for Our Daughters), an exhume the remains of unidentified for genetic identification, conducts DNA
NGO from Chihuahua state comprised females buried in mass graves in munici- analysis for EAAF.
of relatives of victims and activists pal cemeteries in Ciudad Juárez. In addi-
that represent them, and the federal tion, families doubting the identity of the Exhumations, recovery of
Special Commission to Prevent and remains they had received could request remains, and laboratory analysis
Eradicate Violence against Women in EAAF to re-examine their cases. In 2005, EAAF worked on a total of
Ciudad Juárez, headed at the time 62 cases. EAAF conducted anthropo-
by Guadalupe Morfín, later joined EAAF is implementing a plan to maxi- logical analysis on 42 complete and
the project. mize the recovery and identification of incomplete remains,12 most of them
Identifications
To date, EAAF has made 24 positive
identifications—19 in Ciudad Juárez
and five in Chihuahua city—based on
anthropological, odontological, and
genetic analyses. Two additional tenta-
tive identifications have resulted from
anthropological and odontological
analyses, though in each case EAAF
has recommended genetic analysis for Minerva Teresa Torres Albeldaño, (18), disappeared on May 13, 2001, in Chihuahua city
confirmation. on her way to a job interview at a maquiladora (assembly plant). EAAF identified her
remains, found by officials in 2003, but only returned to her family in June 2005.
ENDNOTES
1. Amnesty International. 2005. Mexico: Annual Report 2005: Mexico. www.amnestyusa.org/countries/mexico/document.do?id=ar&yr=2005.
2. Ibid.
3. Mariano García, Sean. 2005. “Scapegoats of Juárez: The Misuse of Justice in Prosecuting Women’s Murders in Chihuahua, Mexico.” Washington: Latin America Working Group Education
Fund. September 2005. http://www.lawg.org/docs/ScapegoatsofJuarez.pdf.
4. Amnesty International. 2004. “Mexico: Memorandum to the Mexican Federal Congress on reforms to the Constitutional and criminal justice system.” September 28, 2004.
http://web.amnesty.org/library/index/engamr410322004.
5. CNDH Recommendation 44/98 was condemned by Chihuahuan political figures. See National Commission on Human Rights. 1998. Recomendación 044/1998. December 1, 1998.
http://www.cndh.org.mx/recomen/1998/044.htm.
6. “Developments as of September 2003,” Amnesty International 08/11/03 AMR 41/026/2003.
7. Federal officials include Guadalupe Morfín, former head of the Special Commission to Prevent and Eradicate Violence against Women of Ciudad Juárez and former
Special Prosecutor María López Urbina of the Federal Prosecutor’s Office at the Fiscalía Mixta.
8. WOLA. Summary of the progress reports on Juarez Special Commissioner and Special Prosecutor, June 3, 2004.
9. Committee on the Elimination of Discrimination against Women. 2005. Report on Mexico produced by the Committee on the Elimination of Discrimination against Women under article 8 of
the Optional Protocol to the Convention, and reply from the Government of Mexico. Thirty-second session; 10-28 January 2005.
http://www.un.org/womenwatch/daw/cedaw/cedaw32/CEDAW-C-2005-OP.8-MEXICO-E.pdf.
10. Ruiz, Miriam. 2007. “Preocupa a la CIDH feminicidio en todo el país.” Criterios. April 17. http://criterios.com/modules.php?name=Noticias&file=article&sid=11342.
11. EAAF’s assessment of serious forensic problems in the investigation of these cases is more detailed than previous assessments and consistent with the findings of local and international,
governmental, intergovernmental, and nongovernmental organizations.
12. In one of these cases, EAAF only sent samples to Bode and conducted a non official laboratory review of the remains.
38 | E A A F 2 0 0 7 M I N I R E P O R T
MOROCCO
to over 9,000.7 Two weeks later, the king n Meeting with former members of data is currently being held at different
ordered the public dissemination of the IER and the governmental Conseil institutions.
report. Determining the responsibilities of consultatif des droits de l’Homme
n EAAF found that the preliminary
state actors for the abuses without nam- (Human Rights Consultative Council).
investigation carried out by the IER to
ing names and outlining an extensive
n Holding interviews with non-govern- determine the circumstances of death
reparations plan for victims and their fam-
mental organizations, including the and place of burial of each person was
ilies, the report produced concrete recom-
Follow-Up Committee on Grave Human thorough, and included documentary
mendations, including significant legisla-
Rights Violations, the Moroccan Forum evidence and testimonies.
tive reforms.8 Prosecutions were not con-
for Truth and Justice, the Center for the
sidered by the IER. n EAAF noted that most remains con-
Study of Human Rights and Democracy,
sidered by the IEF are buried in indi-
and the Medical Association for the
EAAF Participation vidual graves.
Rehabilitation of Victims of Torture.
The International Center for Transitional n EAAF found that in most cases the
n Interviewing forensic physicians from
Justice requested that EAAF carry out a commission encouraged families not
the Ibn Rochd University Hospital of
technical evaluation of the implemen- to request exhumations since there
Casablanca and visiting the hospital
tation of IER’s recommendations on was abundant documentary evidence
morgue.
the investigation of disappearances indicating the burial location.
and killings that occurred in Morocco n Screening Following Antigone, an However, some relatives decided to
from 1956 to 1999. The goals of the EAAF–Witness documentary describing proceed with the exhumation.
mission were to: EAAF´s work in human rights and
n The small number of exhumations car-
forensic sciences, and giving presenta-
1. Assess the forensic capacity in ried out to date have consisted of open-
tions to forensic doctors and human
Morocco for the investigation of cases ing the grave, collecting DNA samples,
rights activists from around the country.
recorded by the IER. sometimes conducting a brief examina-
tion of the remains in situ, and reburying
2. Recommend organizational and Conclusions and recommendations: them in the same site, while awaiting
forensic procedures based on interna-
n Since there is disagreement between the results of genetic analysis from
tional standards for possible future
local human rights NGOs and the IER abroad. EAAF recommends performing
exhumations and analyses of human
on the number of disappeared persons, a more thorough forensic analysis of
remains for identification purposes.
ranging from 700 to 2000, EAAF remains in a laboratory setting. However,
3. Assess the views of victims’ families recommends conducting a national EAAF noted that the local forensic
about the process of exhumation and survey of all the regions in the country. anthropology capacity is limited.
analysis of remains.
n EAAF recommends creating a n To continue the investigation, EAAF
national unified database with all the recommends forming a team of state
EAAF activities included:
information available on each case, and non-governmental experts, in
n Conducting interviews with relatives of including preliminary investigation both official and independent capacity.
the victims, witnesses, and persons liber- reports, pre-mortem data, and forensic Team members would receive physical
ated from detention centers in Morocco. analysis of recovered remains. This and forensic anthropology training.
ENDNOTES
1. Opgenhaffen, V. and M. Freeman, “Transitional Justice in Morocco: A Progress Report,” International Center for Transitional Justice, 2005.
2. Ibid.
3. Amnesty International, “Morocco: the ‘disappeared’ reappear,” August 18, 1993.
4. Ibid.
5. Kingdom of Morocco, the Moroccan Equity and Reconciliation Commission, Summary of Findings.
6. Opgenhaffen, V. and M. Freeman, “Transitional Justice in Morocco: A Progress Report,” International Center for Transitional Justice, 2005.
7. International Center for Transitional Justice, Kingdom of Morocco, The Moroccan Equity and Reconciliation Commission, Three-part Summary of the Final Report.
www.ictj.org/static/MENA/Morocco/IERreport.findingssummary.eng.pdf.
8. Amnesty International, “Truth, justice and reparation: Establishing an effective truth commission,” June 11, 2007. http://web.amnesty.org/library/Index/ENGPOL300092007.
of case files in a former building of the ance of Argentine citizens in Paraguay on Fleitas, EAAF could neither confirm
Intelligence Police of Asunción.7 The and of Paraguayan citizens in Argentina. nor exclude the identification hypothesis
files, which became known as the via anthropological analysis. In addition,
“Terror Archive,” documented part of In 2006, with support of the Argentine EAAF collected samples for genetic
the repression in the Southern Cone Fund for Bilateral Cooperation of the analysis to be conducted at LIDMO,
during Operation Condor, including Ministry of Foreign Affairs (FO-AR), an Argentine genetic laboratory.
several thousand cases of arrest, tor- EAAF traveled to Paraguay three times Unfortunately, the laboratory could not
ture, extrajudicial killing, and disappear- to collaborate with the CVJ. On two extract DNA from the samples.
ance.8 In 1993, with the support of occasions, the delegation included
UNESCO, the Supreme Court of representatives of the Argentine gov- EAAF conducted its second excavation
Paraguay established the Center for ernment’s Human Rights Office. in the jungle, near the town of San
Documentation and Archive for the Gervasio, where a cross indicated the
Defense of Human Rights to develop a Between April 14 and 21, 2006, EAAF presumed burial site of Eligio Servín. A
database of the archives, preserve the traveled to Asunción to visit two possi- combatant with the May 14 Movement,
documents, and make the information ble exhumation sites and to assist the an anti-Stroessner armed organization,
accessible to the public.9 CVJ in the areas of historical investiga- Servín was allegedly killed in an armed
tion, creation of a database, and col- confrontation with the Paraguayan
In June 2004, the government estab- lection of pre-mortem information. Army in 1960. The team did not find
lished the Commission for Truth and human remains at the excavation site.
Justice (CVJ) of Paraguay to investi- Between August 20 and 25, 2006, three
gate human rights violations that EAAF members conducted archaeologi- Between November 26 and December 1,
occurred during Stroessner’s regime. cal exhumations in Guairá, a department an EAAF member traveled to Paraguay to
The commission documented over 180 kilometers from Asunción. First, continue advising the CVJ on historical
400 cases of disappearance and extra- EAAF carried out excavations in Paraguarí investigation and database design. EAAF
judicial execution by state agents cemetery in search of the remains of also visited two suspected burial sites in
between 1954 and 1989.10 Ulpiano Fleitas. A member of the the town of San Juan Bautista, depart-
Agrarian Leagues, cooperatives of priests ment of Misiones, in search of the
and farmers in defense of land rights, remains of Agrarian League members
EAAF Participation Fleitas was allegedly executed in 1980 by allegedly killed by security forces in 1976.
EAAF has conducted six missions to agents of the Stroessner regime. EAAF The sites include an old water well locat-
Paraguay since 1993, providing technical recovered human remains in poor state ed in what is now the 8th Departmental
assistance in the search for the disap- of preservation. Given the condition of Police Precinct, and land belonging to the
peared, and examining the Terror Archive the bones, compounded by the dearth of Second Army Corps. EAAF will begin
to gather information on the disappear- testimonies and pre-mortem information begin archaeological excavations in 2007.
ENDNOTES
1. Cuya, Esteban. Las comisiones de la verdad en América Latina: CIPAE Paraguay Nunca Más. http://www.derechos.org/nizkor/doc/verdad.html#par.
2. Comité de Iglesias para Ayudas de Emergencias (CIPAE). Paraguay Nunca Más. 1990.
3. Based on information in the Terror Archive, about one hundred Paraguayans are believed to have disappeared in Argentina. For further information on Operation Condor see declassified
records by the National Security Archive. Washington, D.C., www.gwu.edu/~nsarchiv/.
4. Centro de documentación y archivo para la defensa de los derechos humanos. Corte Suprema de Justicia de Paraguay. Asunción. http://www.unesco.org/webworld/paraguay/historia.html.
5. Human Rights Watch. Paraguay: Stroessner Extradition Effort Hailed. December 2000. http://hrw.org/english/docs/2000/12/11/paragu632.htm.
6. Amnesty International Report 2003. http://www.amnesty.org.ru/web/web.nsf/report2003/Pry-summary-eng/$FILE/paraguay.pdf.
7. Sección Política y Afines de la Policía de Investigaciones de Asunción (Political Section of the Intelligence Police of Asunción).
8. Cuya, Esteban. Las comisiones de la verdad en América Latina: CIPAE Paraguay Nunca Más. http://www.derechos.org/nizkor/doc/verdad.html#par.
9. Centro de documentación y archivo para la defensa de los derechos humanos. Corte Suprema de Justicia de Paraguay. Asunción. http://www.unesco.org/webworld/paraguay/index.html.
10. Paraguay: ICTJ Activity. http://www.ictj.org/en/where/region2/596.html; See also, Benítez Florentín, Juan Manuel. Vice-President of the CVJ. Comisión de Verdad y Justicia del Paraguay y la
lucha antiterrorista. Hearing of the Eminent Jurists Panel on Terrorism. Counter-terrorism and Human Rights. Buenos Aires. October 31, 2006. http://ejp.icj.org/IMG/BenitezFlorentin.pdf.
Pretoria, South Africa. EAAF member Anahí Ginarte explaining laboratory results to victims’ relatives at the National Cultural
History Museum laboratory in 2006. Photo by EAAF.
fter South Africa’s governing executions, disappearances, and tor- families.7 The Missing Persons Task
Edenlane, Kwazulu Natal Province. EAAF-led exhumations at Sinathing Cemetery in 2007. Photo by EAAF.
peri-mortem lesions described in the to their families for reburial. EAAF established the biological
autopsies conducted on the six bod- DNA results for the sixth individual profiles of the remains through
ies at the time of death with the are pending. anthropological analysis. DNA sam-
lesions observed on the skeletons. ples obtained from the remains were
Based on the laboratory studies and In Thohoyandou cemetery, EAAF and sent to the UWC genetic laboratory.
the victims’ ante-mortem data, EAAF MPTT searched for five adult males, The investigation is ongoing.
made tentative identifications of the supposedly members of the ANC,
six individuals, recommending that who died during a confrontation with
DNA analysis be carried out to security forces in Venda on March 28, Local Capacity Building
confirm them. Genetic analysis 1988.9 The process of locating the Throughout the mission, EAAF trained
performed by Dr. Neil Leat at the graves was complicated by inaccu- two students from the University of
Human Identification Laboratory at rate cemetery records for these buri- Cape Town on the application of
the Biochemistry Department of the als. The team had to verify the infor- forensic anthropology and archaeolo-
University of the Western Cape mation from preliminary investiga- gy to human rights cases by involving
(UWC) confirmed the identifications tions in the field by opening each them in all aspects of the investiga-
of Peter Johnson, Karabo Madiba, grave. In spite of these difficulties, tions. EAAF plans to continue training
Andile Mrumse, Thembekile EAAF and MPTT were able to locate local professionals in South Africa and
Mkhaliphi, and Motlalekhotso and exhume the remains of three of to invite them to Argentina to work
Sello, whose remains were returned the five individuals. alongside team members.
ENDNOTES
1. Apartheid was a legal system of racial segregation in South Africa that lasted from 1948 to the 1990s, under which the South African government legally classified and separated Whites,
Blacks, and Indians to restrict non-white people’s rights.
2. Truth and Reconciliation Commission of South Africa. 1998. National Overview: The Development of Insurgency and Counter-Insurgency Strategies 1960–1990. In Truth and Reconciliation
Commission of South Africa Report, Vol. 2. http://www.doj.gov.za/trc/report/finalreport/TRC%20VOLUME%202.pdf.
3. African National Congress. 1994. Election Results – 1994. http://www.anc.org.za/misc/elecres.html.
4. Truth and Reconciliation Commission of South Africa. http://www.doj.gov.za/trc/. Details of TRC’s mandate are based on The Promotion of National Unity and Reconciliation Act 1995,
No. 95-34 of July 26, 1995. http://www.fas.org/irp/world/rsa/act95_034.htm.
5. Truth and Reconciliation Commission of South Africa. 1998. The State outside South Africa (1960-1990) & The State inside South Africa (1960-1990)” in Truth and Reconciliation Commission
of South Africa Report, Vol. 2. http://www.doj.gov.za/trc/report/finalreport/TRC%20VOLUME%202.pdf.
6. Overall, the Commission received over 1500 statements concerning cases of disappearances. Truth and Reconciliation Commission of South Africa. “Report of the Human Rights Violations
Committee: Abductions, Disappearances and Missing Persons” In Truth and Reconciliation Commission of South Africa Report, Vol. 6. Section 4. Chapter 1. 2003. p. 519.
7. Benton, Shaun. “New policy on apartheid crimes.” BuaNews. January 18, 2006. http://www.southafrica.info/public_services/citizens/your_rights/trc_prosecutions180106.htm.
8. His name must be kept confidential at this point in the investigation.
9. Their names must remain confidential.
Montevideo, Uruguay. Javier Miranda carrying his father’s remains following commemora-
tions at the University of the Republic in March 2006. Photo courtesy of Sandro Pereyra.
In 2006, EAAF
identified the remains n the 1960s, an economic crisis and In response to the repression, many
of Ubagesner Chaves
Sosa and Fernando
I growing class inequalities prompted
popular and political unrest in
Uruguay. Internal conflicts in the govern-
people fled to neighboring Chile and
Argentina. However, because of
Operation Condor, a covert agreement
ment and among the political parties, among military governments in the
Miranda. These are coupled with the rise of armed opposition Southern Cone for the exchange of
the first identifications groups, predominantly the Tupamaros information and political prisoners,
National Liberation Movement, led to a even those living in exile continued to
of remains of disap- gradual breakdown of the parliamentary be persecuted.3 Of the approximately
peared persons found system. In 1968, President Jorge Pacheco 150 disappearances of Uruguayans,
Areco declared a state of emergency, 127 occurred in Argentina.4
in Uruguay. severely limiting civil rights. In 1972, his
successor, President Juan María Uruguay returned to democratic rule in
Bordaberry, declared a “state of internal 1984. During the 1980s and 1990s, the
warfare” allowing the expanded armed Peace and Justice Service (SERPAJ) and
forces to carry out an aggressive cam- other human rights organizations built
paign against the Tupamaros and other public support to officially investigate
political opponents.1 In 1973, Bordaberry and prosecute those responsible for the
staged an auto-coup with the support of repression. Between 2000 and 2003, a
the military and dissolved the parliament. Peace Commission—established by
He remained in office until he was ousted President Jorge Batlle—investigated
by another coup in 1976.2 and compiled cases of state terrorism.5
The 1986 Expiry Law,6 ratified by a slim José Arpino Vega and Ubagesner Chaves In 2006, EAAF analyzed the remains of
margin in a 1989 referendum, protects Sosa, reportedly Communist Party mem- Ubagesner Chaves Sosa in search of
police and military officers from prose- bers, were disappeared by security forces peri-mortem lesions and other indications
cution for human rights violations com- in 1974 and 1976, respectively. According that might provide cause of death infor-
mitted in Uruguay during the military to the Uruguayan Air Force, both men mation, but reached inconclusive results.
rule.7 In 2004, since Tabaré Vázquez died under torture at the Captain Boisso
was elected president, trials have begun Lanza air force base and were buried at a Also in 2006, EAAF re-examined the
in Uruguay for crimes perpetrated by farm in Pando. In 2005, EAAF assisted a skeleton found at the 13th Battalion.
civilians or in a foreign country.8 In team led by archaeologist Jose López Comparing the biological profile of the
December 2006, Judge Graciela Gatti Mazz to exhume remains belonging to skeleton and its main features to pre-
arraigned Bordaberry for ten homicides, one male from the Pando farm and deliv- mortem and genetic information on file
including those of Ubagesner Chaves er them to the Forensic Technical Institute for each of the 26 Uruguayan individuals
Sosa and Fernando Miranda.9 in Montevideo. Two separate DNA tests— who disappeared in Uruguay, EAAF nar-
one performed at LIDMO, the genetic rowed the identification possibilities to
laboratory contracted by EAAF in six potential matches. The team met with
EAAF Participation Argentina, and the other at the Scientific the presidential secretary, Dr. Gonzalo
In 2001, EAAF collaborated with the Technical Police of Uruguay—confirmed Fernández, and representatives of
Peace Commission on the search and that the remains belonged to Ubagesner Relatives of the Detained-Disappeared of
identification of the remains of 13 Chaves Sosa. A metallurgist, Chaves Uruguay, among others, to report on the
Uruguayans disappeared, killed, and Sosa was 38 years old and had one progress made on this case. EAAF
buried in Argentina during the coun- daughter at the time of his disappearance requested additional pre-mortem infor-
try’s last military regime. In 2002, EAAF on May 28, 1976. mation on these six cases and blood sam-
recovered in Uruguay the remains of ples from their relatives for DNA analysis.
eight individuals believed to have In 2005, at the request of Soledad Cibils Bone and tooth samples from the skele-
been victims of “Death Flights”—the Braga, of the now dissolved Peace ton and samples from the six selected
dumping of disappeared persons from Commission, EAAF assisted with an exca- families were sent to LIDMO and to the
Argentine armed forces planes into vation at the 13th Battalion, where López Scientific Technical Police laboratories.
the Río de la Plata.10 Mazz’s team recovered a complete male
skeleton that was sent to the Forensic In March 2006, DNA analyses conduct-
In 2005, EAAF conducted two missions to Technical Institute, in Montevideo. EAAF ed at both laboratories concluded that
Uruguay to assist local archaeologists with conducted an anthropological analysis of the remains found at the 13th Battalion
exhumations at a farm in Pando, a town the remains and sent samples to LIDMO belonged to Fernando Miranda
30 kilometers away from Montevideo, and the Scientific Technical Police for Pérez, a notary, law professor, and
and in the 13th Army Infantry Battalion, in DNA testing. A genetic comparison with member of the Communist Party, kid-
Toledo, carried out as part of official inves- seven families of disappeared persons napped by military officers from his
tigations resulting from the findings of the who had been detained at the barracks residence on November 30, 1975, and
Peace Commission. in the 1970s produced negative results. reportedly killed as a result of torture.
ENDNOTES
1. Handelman, Howard. 1981. Labor-Industrial Conflict and the Collapse of Uruguayan Democracy. Journal of Interamerican Studies and World Affairs 23 (4): 371-394.
2. Weschler, Lawrence. 1990. A Miracle, a Universe: Settling Accounts with Torturers. New York: Pantheon Books.
3. Recently declassified U.S. State Department documents on Operation Condor can be viewed on the National Security Archive’s website, www.gwu.edu/~nsarchiv/news/20010306.
4. Servicio Paz y Justicia. 1992. Uruguay Nunca Más. Translated by Elizabeth Hampsten. Philadelphia: Temple University Press.
5. Ibid.
6. Ley de Caducidad de la Pretensión Punitiva del Estado.
7. Uruguayan Parliament. 1986. Law No. 15848: Funcionarios Militares y Policiales. December 22. http://www.parlamento.gub.uy/Leyes/Ley15848.htm; see also, Human Rights Watch. 1989.
World Report 1989: Uruguay. http://www.hrw.org/reports/1989/WR89/Uruguay.htm#TopOfPage.
8. In September 2006, Uruguayan Judge Luis Charles issues indictments against eight military and police officers for the disappearance of Adalberto Sosa in Buenos Aires in 1976. In November
2006, Judge Roberto Timbal ordered the detention of former President Bordaberry and former Minister of Foreign Affairs Juan Carlos Blanco for four murders which occurred in Buenos Aires
in 1976. See Amnesty International. 2006. Annual Report 2006: Uruguay; and Pellegrino, Guillermo. 2006. “Por primera vez procesan a militares en Uruguay por delitos aberrantes.” Clarín.
September 12. http://www.clarin.com/diario/2006/09/12/elmundo/i-02401.htm. http://www.amnestyusa.org/countries/uruguay/document.do?id=ar&yr=2006&c=URY.
9. Ibid. Pellegrino, Guillermo. 2006.
10. Their bodies washed out on the Uruguayan coast in the 1970s and were buried in anonymous graves in local cemeteries.
top junta members and other high com- Truth Trials Government Response
manders were tried for human rights Truth trials, an innovation particular to In 2004, foreseeing the opening of
abuses during their rule. They received the Argentine judicial system in which new cases, the attorney general
varying prison sentences, including life in investigations of impunity-covered ordered the creation of the
prison for some. These and other prose- human rights violations are carried out “Assistance Unit for Cases of Human
cutions of military officers, particularly by courts without the possibility of Rights Violations Committed under
affecting those in active duty, provoked criminal convictions, began in 1995 and State Terrorism,” headed by Federal
increased restlessness in the armed forces. continue today. While they lack prose- Prosecutor Félix Crous, to investigate,
After several military uprisings, the presi- cutorial authority, the courts serve as an prosecute, and collaborate with fed-
dent and parliament passed two partial important judicial process to uncover eral magistrates on crimes perpetrat-
impunity laws: the so-called Full Stop Law the truth about the past.3 Furthermore, ed during the last military dictator-
of 1986 set a 60-day deadline for the ini- since the annulment of the impunity ship.6 The unit is acting as plaintiff in
tiation of new trials, and the Due laws, testimony and evidence collected over 20 ongoing penal cases, includ-
Obedience Law of 1987, which ended up in these trials are now being presented ing two major “mega-cases” (see
granting immunity to all but the top com- in criminal proceedings. below). In 2006, EAAF signed a coop-
manders of the military. These laws eration agreement with the Attorney
impeded the prosecution of military offi- General’s Office to facilitate collabo-
cers for most human rights abuses com- Current Situation ration on human rights cases. In
mitted during the last military repression.1 Annulment of Impunity laws 2007, the attorney general created
Furthermore, in 1989 and 1990, then President Kirchner made overturning the Prosecutor’s Unit for Coordination
President Carlos Menem issued pardons the impunity laws one of his top prior- and Follow-Up to attend to human
to over 400 senior officials.2 ities. In mid-August 2003, stating the rights cases active throughout the
unconstitutionality of the impunity country.7
laws, both houses of the Argentine
Prosecutions Abroad
Congress voted by large majorities to Ongoing Human Rights Cases
Since the late 1980s, the barriers to justice nullify the Full Stop and Due According to official figures, there are
posed by the impunity laws triggered Obedience laws with retroactive currently over 1200 cases for human
human rights activists to attempt to pros- effect. However, it was not until June rights violations committed during the
ecute high-ranking military officers 14, 2005, when the Supreme Court last dictatorship open in Argentine
abroad. A majority of these cases was made the long-awaited ruling that the courts, some dating back to the
filed for human rights violations commit- impunity laws were unconstitutional, 1980s. Over the last four years, many
ted against Argentines entitled to double that the way was cleared for the of these have been grouped into
citizenship in the country of the second reopening of major criminal cases mega-cases based on military zoning
nationality, mainly Europe. Prosecutions against military officers. Since then, or clandestine detention center (CDC),
were also based on the principle of uni- federal courts have reversed the par- including the Navy School of
versal jurisdiction for crimes against dons issued by President Menem, Mechanics (ESMA) and the First Army
humanity. Thus far, most of the defen- finding that those originally con- Corps cases. Considering the new
dants have been tried in absentia, partial- demned should serve their sentences. groupings, the Center for Economic
ly because Argentina did not accept extra- In May 2007, the attorney general and Social Studies (CELS), an
dition orders for these cases until August found the presidential pardons uncon- Argentine NGO, estimates that about
2003, when current President Néstor stitutional.4 The Supreme Court nulli- 100 cases are active.8
Kirchner repealed these earlier decrees. fied them the following July.5
No extraditions have been effected so far.
Oral and Public Trials Mega-cases The First Army Zone Case investigates
Following oral trial, Miguel Osvaldo The Camps and Camps II cases, which crimes allegedly committed in this
Etchecolatz, General Director of began in the 1980s, are mega-cases region, comprising the Federal Capital,
Investigations of the Province of investigating the crimes allegedly com- and parts of the provinces of Buenos
Buenos Aires Police during the last mil- mitted by the Province of Buenos Aires Aires and La Pampa.
itary government, was found guilty of Police during the last military dictator-
the homicide of Diana Esmeralda ship. They are named after General EAAF Work: In relation to
Teruggi; the kidnapping, torture, and Ramón Camps, chief of the Province of Automotores Orletti, one of the CDCs
homicide of Patricia Dell’Orto, Buenos Aires Police between April under this army jurisdiction, EAAF pre-
Ambrosio de Marco, Nora Formiga, 1976 and December 1977, at the peak sented evidence related to four
Elena Arce Sahores, and Margarita of the repression. A network of clan- detainees-disappeared at this center.
Delgado; and the kidnapping and tor- destine detention centers functioned The case also comprises the 1976
ture of Julio López and Nilda Eloy. under his jurisdiction during that time, known as Fátima Massacre, in which
Etchecolatz was sentenced to life in several inside police stations. 30 individuals were extrajudicially exe-
prison in September 2006. cuted reportedly following their
The ESMA mega-case investigates the illegal abduction and detention at the
EAAF Work: EAAF served as expert crimes allegedly committed at the Navy Office of the Superintendent of
witness for the prosecution in the School of Mechanics (ESMA), where one Federal Security of the Federal Police in
Formiga, Arce Sahores, and Delgado of the largest CDCs functioned during the Federal Capital. To date, EAAF has
cases, whose remains were found, the 1976-1983 dictatorship. This case, identified 12 of the 25 individuals it
exhumed, and positively identified by reopened in 2003, was originally part of exhumed in 1987 in this case.
the team between 1999 and 2002. the 1985 trials against junta members. In
2005, Federal Prosecutor Eduardo Taiano The 31-M-87 mega-case investigates
Following the oral and public trial, requested the arrest of 295 individuals human rights violations committed in
Julio Simón, ex-officer of the involved in the disappearance of 614 areas under Third Army Corps jurisdic-
Superintendent’s Office of Federal persons illegally detained at ESMA. tion, headquartered in Córdoba city,
Security of the Federal Police, was sen- covering several center and north
tenced to 25 years in prison for the EAAF Work: EAAF presented expert Argentine provinces. The region experi-
illegal detention and torture of José reports on the identifications of three enced one of the highest levels of mili-
Poblete and Gertrudis Hlaczik, and the founding members of the Mothers of tary repression, second only to Buenos
kidnapping of their daughter. Plaza de Mayo: Esther Ballestrino, María Aires city and province. 31-M-87
Eugenia Ponce, and Azucena Villaflor; comprises over 450 cases from the
Christian von Wernich, chaplain of the and the French nun Léonie Duquet, all 1980s. More than 100 individuals have
police of the province of Buenos Aires seen at ESMA. Testimonial, physical, been indicted to date and over 20 are
during the last military dictatorship, is and documental evidence strongly sug- under precautionary custody, including
standing oral trial as of July 2007 on gests that the four women were former Third Army Corps Chief Luciano
charges of arbitrary detention, torture, thrown into the ocean from Air Force Benjamín Menéndez.
abduction, and first and second planes—a common elimination method
degree aggravated homicide.9 The von at the time—following their torture and EAAF Work: Since 2002, serving as
Wernich case marks the first time in detention at ESMA. The team’s investi- expert witness, EAAF has identified the
which a member of the Catholic gation provides the first scientific evi- remains of 12 individuals who disap-
Church is being tried in Argentina on dence linking ESMA and the practice peared in Córdoba, and who were
state terrorism charges. known as “death flights.” exhumed from mass graves in San
Buenos Aires, July 2002. Lorena Battistiol shows the picture of her parents who
disappeared when she was a baby. Photo courtesy of Simone Duarte. n Twelve military officers have been
arrested in connection to the case
Vicente cemetery, located in Córdoba ing a resolution from the Spanish investigating Infantry Regiment No.
city. In 2003, EAAF presented key evi- courts on extradition orders. 9, in Corrientes province, including
dence in connection to the so-called General Cristino Nicolaides, then
Brandalisis case, leading to the arrest EAAF Work: EAAF is collaborating chief of the VII Infantry Brigade.
of Menéndez and eight other officers. with the judiciary by investigating the EAAF Work: As expert witness,
modus operandi of the repression EAAF has so far recovered three
There are currently over 500 judicial under the Second Army Corps jurisdic- skeletal remains during exhuma-
files grouped into nine mega-cases tion, which includes Tucumán. tions at Empedrado cemetery, in
active in Tucumán province, located Corrientes city.
in the north of the country. Other cases
One of them, the “Operation n A case investigating CDC La Polaca,
In addition, EAAF has presented evi-
Independence” (which lasted from in Paso de los Libres, Corrientes
dence in the following major cases:
February 9, 1975, to March 1976) province, has resulted in the indict-
mega-case investigated the repres- ment of six former military officers,
n The case of Gastón Gonçalves, who
sion in Tucumán between 1975 and including Pedro Agustín Pasteris,
disappeared in 1976 in Escobar,
1983, which resulted in over 800 national director of Gendarmería,
province of Buenos Aires, implicates
cases of disappearance and other who was dismissed from his post as
former police commissioner Luis
gross human rights violations. During a result of the proceedings.
Alberto Patti. EAAF Work: EAAF
1975 and until the March 24, 1976, recovered and identified Gonçalves’s
coup, the violations occurred under n The case investigating the forced
remains in 1996.
María Estela Martínez de Perón, then disappearance of over 100 persons
president of Argentina. Ms. Martínez n The Parish of the Rosary Massacre related to the Ledesma sugar mill in
is currently on parole in Spain await- case, in Catamarca province, which 1977, in the province of Jujuy, known
Conclusion
Over the last 23 years, EAAF team mem-
bers have served as expert witnesses in
numerous human rights cases, filing
forensic reports in judicial investigations
of human rights violations in Argentina.
However, even though EAAF continued
to work within a judicial framework,
after the impunity laws came into effect
these reports could not be used towards
the prosecution of most dictatorship-era
crimes. With the recent annulments of
these laws, EAAF’s expert testimony can
be once again considered in criminal
proceedings involving human rights vio-
lations in Argentina.
ENDNOTES
1. “Argentina: Impunity Laws Struck Down.” Human Rights Watch. June 14, 2005. www.hrw.org/english/docs/2005/06/14/argent11119.htm. Crimes such as the kidnapping of babies of
disappeared women born in captivity or kidnapped with their parent, as well as against property of the disappeared, were not included within the impunity laws.
2. Mignone, Emilio. Los Decretos de Indulto en la República Argentina. CELS. Buenos Aires, 1990. http://www.derechos.org/nizkor/arg/doc/indultos.html; See also Human Rights Watch.
Argentina: Reluctant Partner: The Argentine Government’s Failure to Back Trials of Human Rights Violators. December 2001.
3. “Right to Truth.” Inter-American Commission on Human Rights. www.cidh.org/Relatoria/showarticle.asp?artID=156&lID=1.
4. Hauser, Irina. “El último velo de la impunidad.” Página/12, May 5, 2007.
5. Hauser, Irina. “Sin trabas para hacer justicia.” Página/12, July 14, 2007.
6. Crous had been the prosecutor in charge of the Truth Trials heard by the Federal Chamber of the city of La Plata, province of Buenos Aires.
7. Unidad Fiscal de Coordinación y Seguimiento was created by Resolution PGN 14/07 of the Attorney General, dated May 7, 2007.
8. Centro de Estudios Legales y Sociales (CELS) Líneas de acción para fortalezer el proceso de verdad y justicia: Propuestas del CELS. Buenos Aires. 2006. p. 9.
9. See APDH La Plata. Various press releases on the von Wernich case; Trial Watch. Christian Federico von Wernich.
http://www.trial-ch.org/en/trial-watch/profile/db/context/christian-federico_von-wernich_456.html.
10. See CELS and Procuración General de la Nación statistics, cited in Ginzberg, Victoria “Un cuello de botella donde la Justicia va en cámara lenta.” Página/12. February 13, 2007.
See also Human Rights Watch. Essential Background: Overview of human rights issues in Argentina. January 18, 2006.
Awards
The award ceremony was held at the University of Buenos Aires, on December 12, 2006. Photos (above and below left) courtesy of
B’nai B’rith.
Doretti, M. and J. Burrell. 2007. Fondebrider, L. 2005. Notas para una Fondebrider, L. and M.C. Mendonça.
Gray Spaces and Endless historia de la Antropología Forense 2001. Model Protocol on the
Negotiations: Forensic Anthropology en Latinoamérica. ERES Arqueología/ Forensic Investigation of Death
and Human Rights. In Anthropology Bioantropología. 13. Santa Cruz de Suspected to have been Caused by
Put to Work. L. Field and R. Fox (Eds). Tenerife, Spain. a Human Rights Violation. Office of
The Wenner-Gren Foundation. New the United Nations High
Fondebrider, L. 2004. Uncovering
York, NY: Berg Publishers. Commissioner for Human Rights.
Evidence: the Forensic Sciences in
Bernardi, P. and L. Fondebrider. 2007. Human Rights. In A Tactical Doretti, M. and L. Fondebrider. 2001.
Forensic Archaeology and the Notebook. New Tactics Project. Science and Human Rights. Truth,
Scientific Documentation of Human Center for Victims of Torture. Justice, Reparation and
Rights Violations: An Argentinean Reconciliation: A Long Way in Third
Fondebrider, L. and M. Doretti. 2004.
Example from the Early 1980s. In World Countries. In Archaeologies of
Forensics. In Encyclopedia of
Forensic Archaeology and Human Rights the Contemporary Past. Buchli, V. and
Genocide and Crimes against
Violations. R. Ferllini (Ed). Springfield, IL: Gavin, L. (Eds), London: Routledge.
Humanity. D. Shelton and T. Gale.
Charles C. Thomas Publisher.
Macmillan.
WRITERS: EAAF members Cecilia Ayerdi, Patricia Bernardi, Daniel Bustamante, Mercedes Doretti,
Sofía Egaña, Luis Fondebrider, Darío Olmo, Miguel Nieva, Silvana Turner, and Carlos Somigliana;
EAAF consultants Ariadna Capasso and Lesley Carson. EAAF volunteers who assisted with
fact checking, photo research, and proofreading include Brianna van Erp, Ekaterina Nikolova,
Raymond Pettit, and Janet Summers.
EDITORS AND TRANSLATORS: Mercedes Doretti, Lesley Carson, and Ariadna Capasso.
FRONT COVER: Members of the NGO Madres en Busca de Justicia from Ciudad Juárez during a
ceremony in November 2005. Photo by Mercedes Doretti.
ATCG, the four bases that make up DNA strands, are utilized in this cover to symbolize the growing
role of genetic testing towards identifications of disappeared persons.
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