The condemnation of priest Von Wernich for crimes against humanity shows just how slowly justice is done in Argentina. On this same day in 2007, the families of ‘desaparecidos’ (‘the missing’) celebrated the official recognition of the genocide. But since then, the judicial system appears to have ground to a standstill. Despite an order from former president Nestor Kirchner to re-open trials against human rights perpetrators, only 44 people have been condemned so far.

“I am furious. We’re getting things moving, we’re setting up files, we’re meeting with the judiciary…But I can see that most of these torturers remain free. It’s outrageous. They enjoy total impunity”, says Emiliano Hueravilo, a member of the organisation H.I.J.O.S (Sons of desaparecidos) in La Plata.

Impunity… The word comes back again and again in every dicussion with families of desaparecidos who are quick to denounce judges for being too conservative or even too complicit.

“Inside the federal judiciary, there are still lots of people – whether they be judges or civil servants – who identify themselves closely with some of the most active parts of the dictatorship,” explains Felix Crous, a prosecution lawyer in charge of a group to assist victims of state terrorism. 

And this can be illustrated, adds Pedro Dinani, a lawyer from the Human Rights League: “Dr Bisordi, for example, was a member of the final court of appeal and even quite recently was famous for holding back all the files of the torturers, drawing out their cases so that they never came to trial.”
 

Pressure from human right groups
  

The recent order to release military torturers has not restored people’s confidence. However, since the failed uprising of the ‘carapintadas’ in the 1990s, Argentine society has been able to impose its laws more strongly.

“Nobody can be kept in jail without being convicted for more than two years,” warns Gustavo Luis Breide, an ex-carapintada leader. “But the government has put pressure on judges in order to keep all military offenders in jail until their case comes to trial,” he says.
  

Under pressure from human right groups, President Cristina Kirchner recently declared that judges should speed up the judicial process or face sanctions. Representatives of the judiciary argued back that the workload was too big since the former president’s decision to annul all official pardons and reopen trials. 

“We need to appoint more judges,” says Ricardo Lorenzotti, President of the Supreme Court of Justice. “But this is up to the president. There is also a need to open more courtrooms, but this is for the council of magistrates, which also answers to the president, to decide.”

Judicial bureaucracy, a lack of resources, a lack of coordination between powers… And already 191 have died - all torturers who have taken to the grave the story of the desaparecidos.