The Federal Criminal Cassation Chamber accepted a historic claim by veterans of the Malvinas War . In a unanimous decision, Chamber I determined that the complaints of torture and harassment suffered by Argentine soldiers at the hands of their own superiors remain open.
This ruling represents a ray of hope in a judicial process that spanned two decades , challenging the impunity that has marked the history of these crimes committed by high-ranking Argentine officials against their own subordinates .
The case, which will now be transferred to the Supreme Court of Justice , highlights the urgency of addressing the abuses committed during the 1982 war . Since its inception in 2007, more than 200 former combatants have testified , many of them as victims and others as witnesses , in a context that involves more than 100 people accused of atrocities against their own countrymen during the 1982 war .
The recent ruling by the chamber, composed of judges Alejandro Slokar, Carlos Mahiques, and Diego Barroetaveña , allows the Court to evaluate whether the reported events can be classified as war crimes or crimes against humanity, which implies that they are imprescriptible.
The Supreme Court 's decision strengthens the position of the Malvinas Islands Veterans Center (CECIM) in La Plata , along with other organizations that have tirelessly fought to expose human rights violations within the Argentine military.
In a statement, CECIM emphasized that the court's unanimous decision "reinforces the message: justice cannot be shut down where human dignity is at stake."
This issue is particularly important in light of the court's rejection of a previous ruling that had annulled the prosecution of Gustavo Rodolfo Malacalza, a military officer accused of torture . In October of last year, when they annulled the prosecution, some judges held that these acts were not crimes against humanity and, therefore, not subject to prosecution.
However, degrading treatment such as freezing, beatings, starvation, staking, and other forms of torture are now recognized as war crimes , opening the door to prosecution for these offenses.
The Inter-American Commission on Human Rights (IACHR) also took note of the situation, admitting in 2023 a complaint filed by CECIM and the Provincial Commission for Memory.
The Argentine State is being questioned for its failure to investigate and prosecute the torture that occurred in the Malvinas Islands . Despite the judicial setbacks and the passage of time, the ex-combatants continue their efforts to find justice .
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