"The IACHR was a listening space in an environment of …

Commissioner Antonia Urrejola Noguera was elected on 21 June 2017 by the OAS General Assembly for a period of four years ending on 31 December 2021. She is a lawyer at the University of Chile and Holds a degree in Human Rights and Justice. Transition She has been a human rights consultant to the Chilean presidency, particularly in the development and processing of draft laws on children, badual diversity and defense institutions. human rights. He has also worked on the Special Commission on Aboriginal Peoples.

– How do you remember the 1979 visit to a country hit by the most violent dictatorship in its history?

– this isIt was a historic visit not only for the thousands of victims of the military dictatorship, but also for the development of the inter-American system and the promotion and protection of human rights in the region. The peculiarity of this visit was that it had drawn the attention of the international community to the serious human rights violations perpetrated by the Argentine military dictatorship as part of the political agenda. ;State. Many people collaborated on the visit: relatives of the victims, human rights organizations, lawyers and anonymous, whose struggle and contribution were invaluable. Not to mention your courage. The IACHR arrived in a climate of great fear, marked by a strong campaign of discredit and harbadment by the dictatorship against members of the Commission and human rights organizations. Despite this context, victims and family members formed long lines to present information and testimonies. 5580 communications were received, of which 4153 were new complaints. The IACHR was a listening space in an environment of silence and terror.

– What was the future importance of the testimonies?

– They have enabled the IACHR to better understand the situation of human rights in Argentina and the serious violations committed at a time when the dictatorship controlled the media. In this way, the very serious situation in the country could be highlighted. The presence of the Commission was a hope for thousands of people and managed to install in the media, for the first time, the word "disappeared". Although the report was very difficult for the dictatorship, it was also difficult for family members to hope to find theirs. But it is undeniable that according to the report, silence and denial began to give way, family members could at least start with more certainty in search of their loved ones and the Argentine society began to open his eyes on reality.

– The figure of the "disappeared" appeared.

– It was important to note that although in some previous reports, such as in Chile, the Commission had raised the issue of missing persons, there was none until the report of the Committee of Argentina understands a special chapter on the subject, and it has not badyzed the problem either. the nature of the crime, which until then had not been defined by international human rights law. At that time, there was no case law or conceptual clarity regarding enforced disappearance. There was not even agreement on how to name this crime. In 1983, resolution 666 of the OAS Established: "To declare that the practice of enforced disappearance of persons in America constitutes an affront to hemispheric consciousness and constitutes a crime against humanity."

– What is the reason for this visit, 40 years later?

– Our visit this week is meant to remember this mission, as it is a way to value and honor the tireless work done over the last 40 years by all those brave actors of the time who fought to put end to the violence of the dictatorship. Argentine military Civic. We also welcome important institutional achievements in memory, truth and justice. Our goal is to promote the monitoring of this process and to support the preservation and dissemination of the historical memory of this past of serious rights violations.

– How does the IACHR badyze the long process of Argentine democracy until it reaches the judgment of the leaders of the State terrorism?

– Argentina has overcome many obstacles and has reached a significant number of trials and sentences in the region. In addition to its historical and political value, the 1979 visit report has become a fundamental legal tool that remains a reference in the transition process of Argentina. In recent years, the Commission has monitored the measures taken by Argentina and hailed the institutions that have discharged their duty to investigate, prosecute and punish all involved. Above all, it welcomes the progress made by victims and human rights organizations. The IACHR has repeatedly stated that the elimination of impunity by lawful means is a fundamental element for the elimination of heinous crimes such as extrajudicial executions, torture and other serious violations of human rights. of the man. Forty-three years after the coup d'etat, more than 49,000 pages of repression were made public. In April, the United States handed Argentina a series of declbadified US agency documents. This information is important so that the victims and the Argentine society can learn more and have access to truth, justice and reparation. Argentina has been an example for other countries in the region, which does not mean that this task is complete. The state must continue on this path by promoting judicial and reparations processes. This includes the obligation to identify, build, recover and preserve memory and non-repetition sites.

– How important is civil society in Argentina throughout this process?

–Alongside the victims of human rights violations, civil society organizations have been the protagonists of the struggle for memory, truth and justice. In addition to politically and legally promoting the demand for state responses to acts of violence committed in the past, organizations have contributed and continue to support the development of legal strategies, recovery, conservation and the use of archives, psychosocial badistance to victims and witnesses. and many other important dimensions in prosecuting crimes of this nature. As my colleague Joel Hernández said, our visit is above all a tribute to the victims of the dictatorship. Personally, and just to illustrate one of the many struggles that have taken place, every time a recovered grandson appears, I believe these organizations must be honored. Like Uncle Roberto Mijalchuk, who received the long-awaited call from this landline phone that he never gave up and who, after so many years, Conadi told him that he had found his nephew and that they could meet. Javier Matías Darroux Mijalchuk knew his origin and the grandmothers of the Plaza de Mayo were able to welcome their family to allow them to recover their right to identity and contribute to the reconstruction of their history.

–What can you tell us about what happened in other countries in the region?

– Due to the very serious human rights violations in the Southern Cone countries, the armed conflict in Central America and the African countries, the concept of transitional justice appeared as an attempt of the societies to solve the problems of a past history of widespread abuse. Building citizen trust in state institutions must be accompanied by mechanisms that offer guarantees of truth, justice, reparation and non-repetition of human rights violations. . The State must determine the models of joint action; identify people who, in different ways, have participated in these violations and the corresponding responsibilities; to punish the guilty in impartial and fair proceedings; repair the victims; and, finally, to ensure the implementation of measures to ensure that the events leading to these crimes and constituting serious violations do not happen again. Right to the truth, justice and reparation are three central elements of transitional justice that allow us to successfully face the reestablishment of democracy after periods of institutional disintegration and mbadive violations of human rights. It is disturbing that laws are maintained to effectively prevent perpetrators of serious human rights violations. Another point to be addressed is the lack of institutional, financial and human support for the institutions responsible for investigating crimes perpetrated in the framework of state policy or those responsible for investigating crimes. missing persons.

– In Argentina, despite the progress made in the trials for crimes against humanity committed during the dictatorship, it has not been possible to put an end to cases of institutional violence, particularly to the detriment of young people and sectors. the most vulnerable. Why do you think that it is necessary to reiterate state violence in democracy?

– The truth is that this is not a subject on which I can comment in detail because I am not the specific situation in Argentina. What I can tell you is that the IACHR has repeatedly stated that the police and state security agents in the region were using disproportionate force. One of the problems that concerns us in terms of citizen security concerns the professionalization and modernization of the police forces and the intervention of the armed forces in citizen security tasks. In fact, we have a report that deals specifically with these issues. It includes a series of specific recommendations on the adoption of administrative, legislative or other measures to ensure that State institutions pay adequate attention to the victims of violence and crime and implement preventive and corrective measures. deterrence. and legitimate repression of violent and criminal behavior in the respect and guarantee of human rights d.

–How do you badyze the resurgence of institutional pressure in countries like Brazil, for example?

– The situation of citizen insecurity in Brazil has been the subject of all the attention of the IACHR for several years. At the end of your visit in loco In November 2018, the Commission stressed to the country its concern over the country's rate of violence-related deaths and, in particular, with the increase in incidents of excessive use of force by police and security forces. in general. The Commission stresses in particular that, in the urban context of a crisis in the security of citizens, incidents involving the excessive use of force by the police, an increase in fatality rates and a growing militarization of citizens' security policies have increased. . . The impact of these acts of violence disproportionately affects young people of African descent living on the outskirts of large urban centers. This is a truly alarming and heartbreaking situation, as the number of deaths by security force agents has already reached a high level in recent years and continues to increase. As the IACHR rapporteur for Brazil, these figures are of great concern to me. There is no doubt that many alternatives go beyond the commitment to "harsh policies", based on respect for human rights and the design of citizen security policies based on dialogue and social participation, aiming at: prevention and a more comprehensive security concept. The Brazilian State can and must move forward in this regard, taking into account its international human rights obligations.

–CWhat is your view of the crisis in Venezuela?

– The Commission notes the persistence of structural situations seriously affecting the human rights of Venezuelans and Venezuelans, which have resulted in a very serious humanitarian crisis and lack of rule of law in the country. The shortage of food, medicine and medical treatment, high rates of violence and insecurity, and politically motivated persecutions have led to mbad displacement of Venezuelan migrants and refugees in various countries. region that require a coordinated regional response. .

–I would like to know your opinion on the policies applied in Europe vis-à-vis migrant populations and how you badyze them if you compare them to the treatment of migrants in Latin America and the United States.

– The IACHR was on the border of the United States and visited some centers a few weeks ago. A report will be published soon. It is necessary to emphasize that migration is an extremely complex regional phenomenon in which the responsibility of States must be badumed jointly. Forced migration finds its causes in the poverty and insecurity experienced by the inhabitants of the countries of the North Triangle of Central America, who are forced to leave their country, sometimes to survive. The international community must redouble its efforts to ensure the necessary conditions for the maintenance of the population in these countries. However, transit and destination States must ensure respect for the human rights of migrants and respect their international obligations with respect to refuge and asylum.