Beautiful Agony #1933

We deny the elimination of any lawyer Gustavo Demarchi prison

Source: Journal of capital

investigate crimes committed by the National Concentration University (CNU) in Mar del Plata before the military coup. The Court suggested "thoroughly investigate" persons that appear related to these facts, considered crimes against humanity because of the tolerance of the State in this regard.

In the center, sitting, attorney Gustavo Demarchi. The photo is from the 70's. He is the lawyer Eduardo Cincotta, who died while facing a process for crimes against humanity.

A ruling by the Federal Chamber of Mar del Plata paved the way to advance the investigation of crimes committed in this city by paramilitary organizations during the reign of Isabel Martinez de Peron.

The process aims to clarify the activities in this city by the National Collegiate Coalition, a right-wing organization that is attributed many murders of leftist activists. The aforementioned

ruling, judges and Martin Ferro Jorge Bava was denied a waiver request to the attorney Gustavo Demarchi prison, who served as U.S. Attorney when the events under investigation.

The trial judge must now decide Rodolfo Pradas procedural steps to follow to Demarco and others who are mentioned in the case.

The background of the case date back to November when the Federal fiscal Adrian Perez Prado asked the judge to investigate several people, including Demarchi, for "conspiracy, murder premeditated by the competition of two or more participants ( 5 facts) which contribute materially from another of those who were victims Enrique "Pacho" Elizagaray, Guillermo Enrique Videla, Jorge Enrique Videla, Jorge Videla and Bernardo Lisandro Goldenberg. To this is added the "illegal deprivation of liberty mediate aggravated by violence and murder by the aid of two or more parties committed against Maria del Carmen Maggi"

bloody day

María del Carmen Maggi Coca-dubbed-was then dean of Catholic University and its disappearance occurred on May 10, 1975. His body, shot in the head, appeared buried in the sand on a beach of Mar Chiquita on March 23, 1976. While membership was not in organizations, was consubstantial with the project of a college education was free and popular and visible head of the transformation.

is considered that the rest of the killings were part of the bleeding occurred in Mar del Plata immediately after the murder of lawyer Ernesto Carlos Piantoni (31), committed on March 20, 1975 in Formosa between Guemes and Olavarria. Piantoni

had received as a lawyer at the Catholic University of Mar del Plata, was legal adviser to the regional CGT, was a founding member of the Peronist Lawyers Union, coordinator of the Peronist doctrine courses in Mar del Plata, an official incorporated into Provincial University Concentration and a member of the National and University (CNU).

The murder was committed with guns from a Peugeot 504 when Piantoni was moving toward his home in a Citroen 3CV belonging to his wife.

That event was followed by a string of crimes in the hours after the death of Piantoni and operated as revenge.

The way the process

take notice last November after the prosecutor's request Peres, Demarchi lawyer challenged the trial judge, doctor Pradas. That process ended last October, when the Federal Court rejected this submission and confirmed the continuity of judge.

Also, Demarchi requested exemption from prison and made several arguments before the House. Among them, he proclaimed his innocence and argued that the crimes under investigation prescribed.

In response, Ferro and Bava judges considered that the facts are against humanity and therefore barred. In this regard, they recalled that by March 1976 "was generated and developed a state of violence that will undoubtedly upset the peaceful life of the Republic, both sectors of the triple A, and by other organizations, including CNU and ultimately instance, by the State itself. "

"This fight broke out in democratic governance, in order to wipe out leftist Peronist had its most sensitive, cruel and inhuman expression in the events that have been reported and credited prima facie, at least in this city, "the ruling.

State Terrorism Then context "... links to paramilitary groups appear to state repression. These relationships will have to thoroughly investigate the cause, having people look at reported they would not have acted within the armed forces, but just as belonging to a paramilitary group and the nature of their illegal actions. "

The Court supported this criteria in the law which ordered 24,411 "in respect of civil claims to the families of the victims, who "... shall be entitled to any person who has died as a result of the actions of the military, security or any paramilitary group prior to December 10, 1983."

After doing an extensive analysis of the international concept of crimes against humanity that governs international doctrine and even the Constitution and to confirm that such crimes are inalienable, the judges agreed that the facts, "succeeded in underground system framework in place and that there was repression in our country since the time of the 1970, that it makes the facts on crime against the law of nations ".

Fundamentals

Given that Dr. Demarchi denied any involvement in the crimes reproached and link to the National Collegiate concentration, the Court said:" In this respect, I anticipate that their expressions in the audience suffered from a marked lack legal challenge was responsible for government officials, judges, former politicians, but not object procedurally, as required by the ritual, the arguments offered by Mr. Judge. "

By contrast, the court held that the evidence adduced by the prosecution Peres demolish the arguments of Dr. Demarchi, "adding that "the records of the proceedings is allowed to infer the degree of probability required for this question, outside counsel would not, prima facie, the facts allegedly committed by the right organization, CNU."

The ruling mentioned cases and Ullúa Justel "who had been arrested for the crime of unarmed Silvia Filler and worked at the Federal Office of Dr Demarchi, successful concepts despite their backgrounds." He adds, "that this same U.S. Attorney's Office who investigate crimes away from Elizagaray Henry, William E. and Jorge L. Jorge Videla, Bernard Goldenberg, Daniel Gasparri, Jorge Stoppani, Maria del Carmen Maggi, John J. and Ricardo E. Toulouse, Robert H. Sanmartino, Victor H. Klein, Jorge Del Arco, Emilio Azorín, Juan M Crespo, Guillermo Ricardo Leventi Nisembaum and requested by the mere passage of time, some made the dismissal of the case. "

" It is suggestive that the public prosecutor has resigned, those employees to do the same, with no reasons for it. "

also be mentioned that during the pendency of the case" Red "before a federal court in San Juan" will be seen that the arrested for the murder of Deputy Ramón Rojas, Cards owned Federal fiscal Mr. Demarchi, for example, a person convicted of aggravated murder Fernando Otero, allowing to infer the degree of probability required for this procedural stage, the link between them is no other explanation for the possession of these cards. "

Moreover, the Court suggested to the judge first instance, Dr. Prado, which "provides the necessary means for the purpose of permitting the exercise of rights of defense of the accused on that charge by the style declaration in order to no longer postpone this inalienable right."