MercoPress. South Atlantic News Agency

Milestone ruling for Malvinas war veterans victims of abuse

A replay of Argentine offices abuse of conscripts

Malvinas war veterans and human rights groups hailed a ruling from an Argentine federal magistrate who stated that acts of torture and abuse committed against Argentine soldiers by their officers during the 1982 South Atlantic conflict with Britain do not prescribe since they are “crimes against humanity” and “war crimes”.

The milestone ruling came from Comodoro Rivadavia Federal Judge Eva Parcio de Selemme in a case presented by a soldier by the name of Juan Carlos Gomez against a Sergeant and a Captain who allegedly staked him to the ground, hands and feet, in a military compound in the city of Comodoro Rivadavia. The "punishment" occurred a few days before the soldier was sent to the Falklands Islands in April where Argentine troops had landed temporarily taking control of the Islands. According to the plaintiffs Captain Daniel Alejandro Delfor Polano is on active duty and is now a Lieutenant Colonel. Press reports from Buenos Aires indicate that the Sergeant willingly declared before the magistrate, although denying all charges, while the officer refused point blank to any questioning. The ruling opens the way for hundreds of claims from Malvinas veterans who allegedly suffered torture and abuse from their commanders, many of which continue to collect war pensions. Similar cases have been presented in other courts in other provinces from where unprepared, untrained conscripts were sent poorly armed and equipped to defend the Islands from the British Task Force professional combatants. One of those cases is lodged in the federal court of Rio Grande in Tierra del Fuego which is of particular interest since under the Argentine constitution the Falklands or Malvinas are under the jurisdiction of that territory and the demand refers to abuse, denigrating acts and torture committed in the Islands during the conflict with Britain, "not by the enemy" but by their own officers. "So far there are some 70 claims and as more victims turn up it's becoming a mega case", said Adrian Camerano, head of the Human Rights Department from Tierra del Fuego. Abuse not only included ground staking but having soldiers for hours in holes waist-high with water, denying them food or water and even direct physical torture. Mr Camerano said that an Amicus Curiae petition was presented by the Buenos Aires Human Rights Secretariat and Malvinas Veterans' organizations to assist the court in deciding that the crimes involved do not prescribe since they refer to human rights abuses, as happened with the ruling in Comodoro Rivadavia. "Over a hundred testimonies involving over 60 military officers and petty officers have been presented before the court", said Camerano. "We have a year full of headlines coming" he forecasted.