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There is a certain issue of a legal, political and ethical nature… Crimes committed by junta are considered crimes against humanity, and therefore are imprescriptible, yet not all the judged directly participated in torture and murdering. A former lieutenant can be indicted for keeping someone, who later disappeared; without any evidence that the lieutenant was actually responsible for the death of the lost one; in any case, he operated as a link in the chain of repression. He was not innocent for sure, but can we judge him for just keeping someone? Does this behaviour correspond to crimes against humanity? Without any doubt, these are crimes, but ones committed 40 years ago. Law works with a character of a necessary participant, but where is the line of guilt in case of crimes, that under different circumstances, would be barred?

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There is a certain issue of a legal, political and ethical nature… Crimes committed by junta are considered crimes against humanity, and therefore are imprescriptible, yet not all the judged directly participated in torture and murdering.

A former lieutenant can be indicted for keeping someone, who later disappeared; without any evidence that the lieutenant was actually responsible for the death of the lost one; in any case, he operated as a link in the chain of repression.

He was not innocent for sure, but can we judge him for just keeping someone? Does this behaviour correspond to crimes against humanity? Without any doubt, these are crimes, but ones committed 40 years ago. Law works with a character of a necessary participant, but where is the line of guilt in case of crimes, that under different circumstances, would be barred? To explain clearly; murder, as the most serious crime falls the period of limitation of 15 years, that means that after such period is over, the culprit cannot be judged or condemned.

Intending to punish the culprits of the worst crimes, which are presented as imprescriptible, is well justified, if related to leaders, torturers and murderers. But what to do in case of lieutenants and petty officers, who played minor roles? There is a live debate about it today.

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Actividad Docente Prof. Salvador, Titular adscripto a la Direcc. Asociado Interino Simple , adscripto a la Direcc. Regular Titular. Sociales, UBA, noviembre y diciembre

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Hugo Vezzetti

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