An Argentine court ruled today that the Presidential pardons that the Menem government has conferred on former Minister of Economy Jose Alfredo Martinez de Hoz and former Minister of Interior Alvaro Harguindeguy were unconstitutional because the crimes they are accused of constitute crimes against humanity. Martinez de Hoz and Harguindeguy are being investigated for their role in the kidnapping of two businessmen, whom they tried to extort into accepting a business deal beneficial for the military government.
This is the first time that the pardons, granted by the Menem government on all the top military, police and civilian leadership accused and/or convicted of murder, torture and kidnapping during the dirty war, were overturned. Last year, the so-called "amnesty laws" were also overturned on the ground of unconstitutionality, as they also concerned crimes against humanity.
I think these rulings are of immense importance beyond Argentina's borders, given their foundation on international law. What they say is that both general amnesties and individual pardons for acts that constitute crimes against humanity are illegal. This was previously clear vis a vis self-amnesties but not against those granted by civilian governments. It may take 30 years of work and struggle as it did in Argentina, it may even take longer - but justice can be served.
Posted by marga at September 5, 2006 8:47 AM | TrackBack