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                  Posted on 26-8-2004 
                Argentina's 
                  Dirty War - Who Will Pay 
                  by Marcela Valente, Inter Press Service (IPS), 25 August 2004 
                   
                  BUENOS AIRES, Aug 24 (IPS) - Daniel Tarnopolsky was 18 years 
                  old when the 
                  security forces in Argentina took away his father, mother, sister, 
                  brother 
                  and sister-in-law one night in 1976. He never saw any of them 
                  alive again. 
                   
                  Today, at the age of 46, he has achieved what he has been fighting 
                  for 
                  since 1987: a former member of the military junta has been forced 
                  to pay 
                  compensation out of his own pocket. "This is the only case 
                  in Argentina in 
                  which a former repressor was directly sued, because for my client 
                  it was 
                  very important that one of them pay," Tarnopolsky's lawyer 
                  Betina Stein 
                  told IPS. 
                   
                  After a lengthy trial for moral and economic damages based on 
                  a lawsuit 
                  originally filed by Tarnopolsky in 1987, the courts ordered 
                  the payment of 
                  indemnification by the state and former navy admiral Emilio 
                  Massera, one 
                  of the first three commanders of Argentina's 1976-1983 dictatorship. 
                  But 
                  while the state paid its part, Massera appealed the verdict 
                  over and over 
                  again until finally forking over the payment on Monday to prevent 
                  the 
                  courts from auctioning off the apartment where he is serving 
                  house arrest 
                  in connection with the theft of the babies of victims of forced 
                  disappearance. 
                   
                  The Tarnopolsky case is a prominent symbol of the de facto regime's 
                  "dirty 
                  war" not only because of the magnitude of the suffering 
                  caused by the 
                  forced disappearance and murder of five members of a family 
                  of six, but 
                  also because it is the only one in which a civil lawsuit has 
                  been brought 
                  with the specific aim of making those responsible for the dirty 
                  war 
                  literally "pay". 
                   
                  The disappearance and murder of the Tarnopolsky family was among 
                  the 
                  crimes for which the former members of the military junta were 
                  convicted 
                  and sentenced by the federal courts in 1985. But two amnesty 
                  laws passed 
                  in the mid-1980s, which put an end to prosecutions against members 
                  of the 
                  military, made it impossible for Tarnopolsky to see those directly 
                  responsible for the disappearance of his family thrown into 
                  prison. He 
                  then decided to sue for reparations, in 1987. 
                   
                  According to his lawyer, Tarnopolsky would have preferred that 
                  Massera pay 
                  100 percent of the indemnification set in 1994 at 1.2 million 
                  dollars. But 
                  the state decided to pay one million -- in bonds that form part 
                  of the 
                  public debt that it defaulted on in December 2001 -- leaving 
                  the rest to 
                  Massera. The former dictator appealed. But in 1999 the Supreme 
                  Court 
                  upheld the sentence, ruling that the statute of limitations 
                  does not 
                  expire in cases of forced disappearance until the victim -- 
                  or the body -- 
                  appears. 
                   
                  In 2000, a judge accepted Stein's request to declare Massera 
                  in 
                  bankruptcy, which would have led to the auction of all of his 
                  assets. 
                  Although Massera -- who was left bedridden by a stroke two years 
                  ago -- is 
                  wealthy, the only property in his name is the flat where he 
                  lives, which 
                  was to be auctioned on Sep. 23. The final amount paid was just 
                  over 
                  200,000 pesos (67,000 dollars). "They wanted a reduction, 
                  but we flatly 
                  refused, because this payment is symbolic," said Stein. 
                  The money was 
                  donated to Abuelas (Grandmothers) de Plaza de Mayo, a human 
                  rights group 
                  dedicated to finding the children of the disappeared. 
                   
                  For years, the Abuelas have been seeking the children of the 
                  disappeared, 
                  who were born to political prisoners in captivity, stolen, and 
                  illegally 
                  adopted, many of them by military families. "The payment 
                  of 
                  indemnification not only amounts to reparations for the victim, 
                  but is 
                  also a strong condemnation for these people who believe there 
                  is nothing 
                  worse than having to pay out of their own pockets," said 
                  Stein. 
                   
                  Between 11,000 and 30,000 people -- depending on the source 
                  of the 
                  estimate -- became victims of forced disappearance at the hands 
                  of the de 
                  facto regime. 
                   
                  The law that recognises the right of the families of the disappeared 
                  to 
                  financial reparations for their loss requires them to officially 
                  accept 
                  that their missing loved ones are dead, something that many 
                  families have 
                  not been willing to do. 
                   
                  Stein believes the 1999 Supreme Court ruling on the case opened 
                  up a new 
                  route for those families to demand economic compensation. In 
                  a moving 
                  press conference granted with Estela Carlotto, the president 
                  of the 
                  Abuelas, Tarnopolsky expressed his hope that the money would 
                  be "purified" 
                  through the activities of the human rights group. He also showed 
                  photos of 
                  his family "for you to see that the disappeared are people, 
                  not ghosts." 
                  "This was Hugo, my father. He was an industrial chemist," 
                  said 
                  Tarnopolsky, holding up a black-and-white photo. He then presented 
                  photos 
                  of his mother, Blanca, an educational psychologist; his sister 
                  Bettina, 
                  who was 15 the night the family was taken away; his brother 
                  Sergio, 21; 
                  and his brother's wife Laura De Luca, also 21. 
                   
                  In a conversation with IPS, Tarnopolsky pointed out that Massera 
                  was 
                  convicted in 1985 for the abduction of his family, among other 
                  cases. But 
                  in 1990, the pardon issued by then-president Carlos Menem (1989-1999) 
                  left 
                  Massera and other former junta members free. However, the pardon 
                  did not 
                  cover the civil lawsuit brought by Tarnopolsky in 1987. 
                   
                  For the only survivor of the Tarnopolsky family, the struggle 
                  is not over. 
                  He said he is waiting for the Supreme Court to uphold the revocation 
                  of 
                  the amnesty laws, which Congress annulled in 2003. If the Supreme 
                  Court 
                  ratifies the parliamentary decision, the perpetrators of the 
                  dictatorship's crimes against humanity could be tried in court. 
                   
                  Daniel Tarnopolsky survived because on the night his family 
                  was taken 
                  away, he was sleeping over at a friend's house. His brother 
                  Sergio was 
                  doing his military service in the Navy School of Mechanics (ESMA), 
                  the 
                  most notorious clandestine torture centre. Sergio, a militant 
                  in the 
                  Peronist Youth –- part of the left wing of the Peronist 
                  party -- along 
                  with his wife Laura, had been assigned as assistant to former 
                  navy captain 
                  Jorge Acosta. Acosta, who was head of the navy intelligence 
                  task force 
                  unit GT-332, is currently under arrest, like Massera, in connection 
                  with 
                  the theft of babies kidnapped with their parents or born in 
                  captivity. "My 
                  brother saw strange things in ESMA, and he told us about a lot 
                  of those 
                  things at home," said Tarnopolsky. In one of his accounts, 
                  Sergio told his 
                  family that he was ordered to clean up traces of blood and identity 
                  documents in a basement in ESMA, which today is being prepared 
                  to open as 
                  a Museum of Memory to commemorate the victims of the de facto 
                  regime. 
                   
                  From the personal accounts of survivors, Tarnopolsky found out 
                  that Acosta 
                  had ordered that his family be seized, and that he boasted about 
                  it in 
                  ESMA. "They even told me he was furious that I was able 
                  to escape," said 
                  Tarnopolsky, who fled to Israel and is now living in the United 
                  States. 
                   
                  Two days after Sergio talked about what he had seen in the ESMA 
                  basement, 
                  he called home to say he was being disciplined (he did not explain 
                  why) 
                  and would not be allowed to return home that night. Later his 
                  wife, 
                  parents, and 15-year-old sister, who was spending the night 
                  at her 
                  grandmother's house, were hauled away. 
                   
                  "Now I just hope that Acosta is put in the dock and forced 
                  by the courts 
                  to explain what my brother did to trigger such a reprisal," 
                  said 
                  Tarnopolsky, who does not know what happened to his family in 
                  the end, but 
                  assumes they were thrown into the Río de la Plata estuary, 
                  into which 
                  thousands of the disappeared were dumped from planes, drugged 
                  but alive. 
                 
                  
                  
                   
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