UA 117/92 - Argentina: death penalty: possible reintroduction of the death penalty
INTERNAL (for Urgent Action Coordinators only) 8 April 1992
This action is being issued as part of a strategy against the
reintroduction of the death penalty in Argentina. The Research
Department feel that it is important that opposition to this latest
move to reintroduce the death penalty is heard NOW before the bill
is considered by Senate and the House of Deputies. They feel that
appeals from UA participants will give publicity to the issue,
support to those against reintroduction and express international
opposition to this retrograde step. Should this proposal proceed
and come up for debate it is likely that other action techniques
will be used - perhaps a death penalty action - to complement and
add to this action.
EXTERNAL (for general distribution) AI Index: AMR 13/02/92
Distr: UA/SC
This is a limited action - please organize up to ten appeals per section
UA 117/92 Death penalty 8 April 1992
ARGENTINA: Possible reintroduction of the death penalty
Amnesty International is concerned at the possible reintroduction of the death
penalty in Argentina, following the presentation in Congress of draft
Legislation to modify the Penal Code and reintroduce the death penalty.
On 19 March 1992 Luis Alberto Martínez, Vicepresident of the Chamber of Deputies,
presented draft Legislation to the Argentine Congress to modify the Penal Code
and reintroduce the death penalty for certain serious crimes including
kidnapping, acts of terrorism, subversion and sabotage resulting in death and
drug trafficking. The proposal was signed by eight deputies of the ruling
Justicialista (Peronist) Party. The bill will be considered first by the
Argentine Chamber of Deputies and then by the Senate. There is no precise
timetable as to when the bill, which is currently being considered by the
Commission for Penal Legislation, Comisión de Legislación Penal, of the Chamber
of Deputies, will be debated in Congress.
Shortly after Argentina returned to civilian rule in December 1983, the
Argentine Congress repealed decree Laws passed by the former Military
Government, which provided for the death penalty for a number of political
offences. The Code of Military Justice continues to provide for the death
penalty for offences such as treason, espionage, rebellion and mutiny.
By reintroducing the death penalty Argentina would be in breach of its
international obligations. On 5 September 1984 Argentina ratified the American
Convention on Human Rights (San José Pact) which prohibits the reintroduction
of the death penalty in states that have abolished it (article 4.3) and the
extension of the death penalty to crimes to which it does not currently apply
(article 4.2).
BACKGROUND INFORMATION
The move to reintroduce the death penalty was prompted by the attack on the
Israeli Embassy in Buenos Aires which left a number of people dead and injured
on 16 March 1992. Following the attack, President Menem stated: "the moment
has arrived to apply the death penalty to terrorists'.
President Menem is personally committed to the reintroduction of the death
penalty, although this is not the official policy of his political party, the
Justicialista (Peronist) Party. Since President Menem came to power in 1989
he has made various attempts to reintroduce the death penalty for certain serious
crimes. On 1 August 1990 President Menem sent draft legislation to the
Argentine Congress to modify the Penal Code and reintroduce the death penalty.
Twenty days after the draft legislation was presented President Menem withdrew
his proposal owing to opposition from most legislators and several influential
organizations, including the Roman Catholic Church (see UA 321/90, AMR 13/03/90
of 3 August 1990 and follow-up AMR 13/04/90 of 17 August 1990). In September
1991, following an outburst of kidnappings for extortion, President Menem
expressed his commitment to reintroduce the death penalty but stated that the
issue would not be considered until 1993, possibly by means of a plebiscite.
Page 2 of UA 117/92
RECOMMENDED ACTION: Please send telegrams/telexes/faxes/express/airmail letters:
- expressing concern at proposals to reintroduce the death penalty, which Amnesty
International believes is the ultimate cruel inhuman and degrading punishment, and which
brutalizes all those involved in the process of applying it;
- pointing out that by reintroducing the death penalty, Argentina would be in breach of
its international treaty obligations, such as the American Convention on Human Rights (San
José Pact), and that it would be acting in contradiction with the spirit of its affirmative
vote in the United Nations on 15 December 1989 when together with 58 other states Argentina
supported the adoption of the Second Optional Protocol to the International Convention
on Civil and Political Rights, which aims at the abolition of the death penalty;
- stressing that reintroducing the death penalty would be contrary to both world and regional
trends for the abolition in practice and in Law of the death penalty.
In your appeals to President of the Commission for Penal Legislation, who is known to be
an abolitionist, please also use the following recommended actions:
- welcoming his opposition to the death penalty;
- pointing out that public opinion on the death penalty is often based on an incomplete
understanding of the facts about this cruel and inhuman form of punishment;
- urging him to take a stand against the death penalty and to communicate the arguments
against its use to all the members of the Commission.
APPEALS TO
1) President:
Excelentísimo Sr. Presidente de la República Argentina Exmo Sr Presidente /
Dr. Carlos Saúl Menem Dear President
Casa Rosada, Balcarce 50
Buenos Aires C.F., Argentina
Telegrams: Presidente Menem, Buenos Aires, Argentina
Telexes: 21194 (via Ministry of Foreign Affairs); 18764 SIPRA AR;
21464 COPRE AR
Faxes: + 54 1 311 0474 (Press office of the Presidency)
2) President of the Senate:
Sr. Eduardo Menem Sr. Presidente /
Presidente Dear President
Honorable Cámara de Senadores, Senado de la Nación
Buenos Aires, Argentina
Telegrams: Presidente Honorable Camara de Senadores, Buenos Aires, Argentina
3) Vicepresident of the Chamber of Deputies:
Sr. Luis Alberto Martínez Sr. Vicepresidente /
Vicepresidente de la Cámara de Diputados Dear Vice-President
Honorable Cámara de Diputados
Congreso de la Nación
Buenos Aires, Argentina
Telegrams: Vicepresidente de la Camara de Diputados, Buenos Aires, Argentina
4) President of the Commission for Penal Legislation of the Chamber of Deputies:
Sr. Antonio Hernández Sr. Presidente /
Presidente de la Comisión de Legislación Penal Dear President
Congreso de la Nación
Buenos Aires, Argentina
Telegrams: Presidente Comision de Legislacion Penal, Buenos Aries, Argentina
COPIES OF YOUR APPEALS TO:
Centre for Social and Legal Studies:
Centro de Estudios Legales y Sociales
Rodríguez Peña 286, 1er. Piso
1020 Buenos Aires, Argentina
Faxes: + 541 3624956
Newspaper:
S.A. LA NACION
Bouchard 557-1106
Buenos Aires
Argentina
and to diplomatic representatives of Argentina in your country.
PLEASE SEND APPEALS IMMEDIATELY. Check with the International Secretariat, or your section
office, if sending appeals after 20 May 1992.