A historic ruling convicting 16 people accused of crimes against humanity was handed down by a Federal Court in Buenos Aires on October 26. They were convicted of arbitrary detention, torture and unlawful killing, committed at the Naval Mechanical School (ESMA) during the military dictatorship that ruled Argentina from 1976 to 1983.

By Mariana Rodriguez-Pareja and Salvador Herencia-Carrasco in Buenos Aries

The 16 included former naval officers that used the ESMA as a clandestine detention and torture facility. Twelve were sentenced to life imprisonment; two to 25 years; one to 20 and one to 18 years in prison. Two of the accused were acquitted but will remain under arrest pending other cases. One of the persons convicted is Alfredo Astiz, also known as the Argentine “Angel of Death”.

The trial lasted almost two years and covered 86 separate crimes. It included testimony from more than 150 witnesses, including 80 survivors. Although the verdict was given in October, the entire ruling will only be published in December.

This is the first case that addresses the gross human rights violations perpetrated in the ESMA centre and it is expected that another trial will take place in 2012 over other human rights violations allegedly committed in this detention facility.

ESMA, a landmark case
The Escuela Mecánica de la Armada (ESMA) is a former navy school which became the biggest clandestine detention centre during the military dictatorship. It is estimated that more than 5,000 people were arbitrarily detained, tortured and ‘disappeared’ at this facility. Fewer than 200 of these are believed to have survived.

According to testimonies, including from one of the accused, Antonio Pernías, many of those detained at ESMA were thrown into the nearby Río de la Plata from aeroplanes, in the infamous Death Flights. Nowadays, the ESMA is open to the public and serves as a human rights memorial.

The conviction of the Angel of Death
One of the most symbolic suspects in this trial, Alfredo Astiz, was sentenced to life imprisonment. He was known as the Angel of Death and was accused of torture, murder and other crimes. He managed to infiltrate the Mothers of Plaza de Mayo, pretending to be searching for his missing brother. Among his victims are the French nuns Alice Domon and Léonie Renée Duquet, journalist and writer Rodolfo Walsh, and the founders of the Mothers movement: Azucena Villaflor, Esther Careaga and María Bianco.

Astiz often challenged the authority of the court to put him to trial, claiming it was political. During the closing remarks, he accused the court of being partial and handed a copy of the National Constitution to the presiding judge.

Junta trial, amnesties and today
More than 600 cases have been brought to national courts since the Trial of the Juntas in 1985.

According to the Specialized Unit of the National Prosecutor’s Office in charge of human right proceedings, since 1983, approximately 262 people have been convicted and 802 have been charged for crimes committed during the military dictatorship. There are currently 14 more cases being tried, and 10 more are scheduled to begin trial.

Justice and the road ahead
The first ESMA verdict reflects one of the findings of the Nunca Más Report. Approximately 30,000 people were murdered or disappeared during the military regime and although this marks a significant effort by the judiciary, there are other trials pending, especially in the interior of the country.

Pablo Parenti, the Coordinator of the Prosecutor’s Office for these cases, says the there is a need to gather as many cases as possible into one trial in order to have a speedy judgement and avoid unnecessary delays. However, as important as the first ESMA trial might have been, “the challenge is to fight the idea that the job has been done”. For many this statement rings true not only for Argentina but also for Brazil, Chile, Colombia, Peru, and Uruguay.