Civil trials introduced for military personnel in Argentina

Members of Argentina’s armed forces will be tried by civil courts rather than military tribunals under a new rule that took effect, part of a government effort to increase control over the forces.

Strengthening civilian control over the military has been a priority for President Cristina Fernandez and her husband and predecessor, Nestor Kirchner, as Argentina struggles to heal old wounds from the 1976-83 dictatorship in which thousands were tortured and killed.

“We are still in a period of transition after the return to democracy, trying to advance in terms of our democratic institutions,” said Gaston Chillier, director of the Buenos Aires-based Centre for Legal and Social Studies.

His centre represents families of victims of the military junta’s “dirty war” crackdown on dissent.

The new system places Argentina on par with international standards for military legal proceedings, said Defence Ministry spokesman Jorge Bernetti.

Signed into law last August, the measure brings the army, navy and air force under the same legal system as civilians – making soldiers accountable to civilian courts and hamstringing the military’s ability to delay trials to protect its own, Mr Chillier said.

Some members of the armed forces are wary of ceding their autonomy, and see the move as a politically motivated push to weaken the military and punish crimes that are more than a generation old.

But Mr Chillier said the new rules also guarantee important new rights for the rank-and-file.

For example, service members can now choose their own lawyer rather than being appointed one by the military. The measure also means troops are no longer subject to the death penalty and cannot be imprisoned for engaging in homosexual acts.

Dozens of former state security agents and their civilian allies are currently on trial for alleged crimes against humanity during the dirty war. At least 13,000 dissidents were killed or made to disappear during the crackdown, according to official figures. Human rights groups put that number around 30,000.