Marcelo Hidalgo, a prosecutor in Córdoba’s Third Criminal Court and a law professor at UNC, has openly supported a government bill that aims to allow trials in absentia for serious crimes related to organized crime and terrorism. This proposal comes in the wake of the 1994 AMIA bombing.
Hidalgo expressed the need for the community and victims, both direct and collateral, to comprehend how the attack was planned and executed. He emphasized that having the proceedings audited is crucial, highlighting the importance of public and oral criminal trials.
Recently, Ministers of Justice and Security, Mariano Cúneo Libarona and Patricia Bullrich, presented this initiative to the National Congress, seeking to amend the Penal Code to facilitate trials in absence for those accused of terrorism, human trafficking, or drug-related crimes. This is particularly significant as it coincides with the upcoming 30th anniversary of the attack on the Jewish community center.
Hidalgo noted that a similar bill was proposed a decade ago by former governor Juan Schiaretti. He elaborated on the implications of conducting trials in absentia, stating that while the human rights framework protects individuals from unlawful persecution, it also upholds the victims’ right to effective judicial protection.
He recalled that in January of this year, the Inter-American Court of Human Rights condemned the Argentine state for its lack of action towards victims, highlighting negligence in criminal prosecution. The new bill is being introduced in light of this ruling.
In these processes, accused individuals can appoint a lawyer of their choice for defense. Hidalgo referenced the case of the repressor Alfredo Astiz, who was convicted in absentia by French courts before facing justice in Argentina. He pointed out that if the prosecution is successful, a resolution can still be achieved even without the accused being present.
Beyond the potential penalties, Hidalgo underscored the significance of bringing all evidence to light during the trial. He cited the need to explore any links between the AMIA attack and the 1992 Israeli Embassy bombing, including any warnings and the actions—or inactions—of intelligence services.
Regarding the enforcement of penalties, he noted that the international community could take measures such as imposing economic or financial sanctions on those convicted. Hidalgo concluded by stressing that Argentina has faced numerous genocidal attacks and has many fugitives it has been unable to prosecute. He warned that criminal gangs linked to narcoterrorism often find refuge in countries that hinder extradition, which is why trials in absentia could provide necessary answers and serve as a valuable legal instrument.
Source: https://www.perfil.com/noticias/cordoba/el-juicio-en-ausencia-es-una-respuesta-judicial-valida-y-posible.phtml
