Transitional justice and Argentine experience

Earlier, the International Studies Unit of the Al-Ahram Centre for Political and Strategic Studies held a workshop entitled "Towards the Formation of the Egyptian Model for Transitional Justice: Argentina as a Model".

Professor Amal Mukhtar, a researcher from the International Studies Unit of the Al-Ahram Centre for Political and Strategic Studies, presented the results of a 10-day field visit to Argentina in which she met directly with the parties involved and involved in the cause of justice for more than 30 years there.

At the beginning of the presentation, the researcher considered that transitional justice dealt with exceptional circumstances, linked to the magnitude of the abuses, on the one hand, and the nature of the perpetrator of the abuses, on the other.

It provided a short definition of the concept of justice, encompassing three main axes: stopping abuses, addressing their negative impact on victims and their families, and finally ensuring that such abuses do not recur in the future.

Mukhtars hope was that there was no single model for achieving transitional justice. But they are different models according to the political and social environment and the nature of their strong balances, noting that dealing with past experiences is aimed at benefiting, guiding, learning and sometimes partial, but never full, transport.

In addition, transitional justice mechanisms have differed in international experience, including those that predominate in reconciliation, prosecution and institutional reform, as well as amnesty. But it is certain that all international experiences have been adopted to document and reveal the truth as the backbone of the course of justice.

For the Argentine situation, which saw a period of authoritarian rule beginning in 1976 ended with the regimes fall following its military defeat in 1983. The regime left a legacy of victims estimated at 30 thousand people as a result of abuses and violations, who were killed, disappeared and detained, all left-wing opponents. During the period of authoritarian rule and after democratic transition, Argentina continues to experience a long winding path of transitional justice that deserves to be pursued, monitored, studied and understood.

The researcher explained that she had drawn a set of key features from the field research. These include:
Tools for the Successful Course of Justice in Argentina

The central role of civil society organizations and organized action of victims parents is the most important of these tools. These organizations have worked in an orderly manner, particularly in the issue of truth documentation, information gathering and communication with victims and their families. This work began even before the democratic transition and continued even more vigorously thereafter and continues into the day despite the difficulties they faced at sporadic intervals.

The role of these organizations was not only to collect documents or communicate with the victims families, but also to press for changes in laws and the Constitution to ensure that respect for human rights was given effect.

In addition to Argentinas distinguished and perhaps unique experience in the existence of a non-State civil organization that plays a distinct technical role in the field of forensic medicine, it has reached a degree of specialization that has made its reports recognized by the official courts.

The role of women is at the heart of the importance of this community action, which was represented by the "Mayo Mothers Association" or "Madres de plaza de Mayo". It was considered the first political opposition to begin during authoritarian rule at a time when political parties were dissolved and rights organizations were not allowed to operate.

Fourteen women were initially formed from the mothers of leftist youth arrested by the regime and then increased their numbers to tens of thousands of mothers, grandmothers, children and grandchildren.

They declared their case in silence by walking around with their sons names on their heads in Mayo Square in front of the presidential palace weekly for more than 30 years.

In addition to this, the central importance of the tool of truth-writing, as noted above, civil society and victims families played an important role in gathering information and beginning to document the truth during the authoritarian rule, but the major shift in this path occurred when the first elected President after the end of the authoritarian covenant, Raul Alfonsen, issued a decision to form the National Truth Commission.

The Commission concluded with the issuance of an official report delivered to the President of the Republic and his declaration to the citizens. Documenting the truth and preserving the nations collective memory as well as being a powerful document on the basis of which the symbols of the former regime can be prosecuted. A diagnosis of the citizen of the illness in the States institutions and laws, which was the cause of such abuses and could not be stopped until after the fall of the regime. This explains that the report of the Truth Commission was entitled "Nunca Mas" or "Never again".

Argentinas experience has seen instances of a decline in political will, unwillingness to activate the trial process and preference for the notion of amnesty, as it was throughout the 1990s under former President Carlos Menem.

However, the written and documented truth has remained a reference and basis for the commencement of trials if political will changes later. This has already been the case since 2003 when Néstor Krechner arrived at the presidency, which witnessed the abolition of amnesty laws and the beginning of the opening of trials and the effective sentencing of perpetrators of abuses.

• Partners of violations
One fact cited by the researcher is that the security services that directly committed abuses against leftist opponents during the seven years of the authoritarian regime were not alone responsible for such abuses. The facts, courtrooms and investigative hours proved that such a volume of abuses and violations against the opposition could not occur without the presence of partners.

In Argentinas case, the clergy, the media, the businessmen and finally the external role of this situation in the United States of America. For example, the Church had allowed the killing of leftists under the banner of separation from the precious, and it was legitimate to protect Christianity from the danger of communism.

Despite the emergence of a slice of pastors who rejected this approach and were known as "Left wing", they were a minority among an overwhelming majority who supported and blessed the systems excesses.

On the other hand, confessions and investigations have proven that some owners of large companies have contributed directly to planning, financing and sometimes even carrying out abductions of left-wing opponents among students and workers. There have been ministers of corporate owners in Governments of the authoritarian regime.

The media played a major role in falsifying citizens consciousness. The media denied the responsibility of the regime for any human rights violations.

Besides technical support and political support by the United States, which was in fact directed not only at the authoritarian regime in Argentina but also at all dictatorial regimes in Latin countries throughout the cold war in the context of the bipolar rivalry and conflict.

Since 1975, "Plan Condor", a joint intelligence operation between the CIA and Latin American dictatorships aimed at eliminating communism, has emerged as an ideology, party and group.

In accordance with this plan, leftist opposition movements have been harshly repressed in the continents countries, bringing the number of victims to about 60, mostly young people and left-wing intellectuals. The Argentine judiciary and its counterpart in other Latin States are still hearing cases of individuals of different nationalities in this plan.

• The relationship between respect for human rights and national security is not reverse
During the workshop, the researcher explained another important aspect of the results of the field research That is, the most important thing Argentines learn after years of authoritarian rule and then the fall and then the writing and declaration of the truth, What was promoted by the authoritarian regime is that the violation of opponents rights and, in general, the violation of human rights is necessary to achieve the overriding goal of maintaining national security is totally untrue.

The majority of the people had accepted the idea that a faction of the "leftist" people had been subjected to such abuses in order to obtain stability and protect the country from Soviet schemes to transform Argentina into another Cuba.

National security could be maintained under a system that respected human rights and laws criminalized against dissent.

Even more recently, economic growth and social progress have been achieved under democratic regimes that respect human rights.

• The role of art in reforming the future
The researcher concluded her remarks on the course of justice in Argentina by referring to the importance that art plays first as a tool for preserving the nations memory and documenting the reality of the abuses that occurred in Argentina during the period of authoritarian rule.

Secondly, as a means of educating present and future generations, repeating the mistakes of the past cannot be accepted.

* * Expert on extremism and violence - Editor-in-Chief of Global Landscape of Extremism and Terrorism - Al-Ahram Center for Political and Strategic Studies