Reynaldo Bignone “Hospital Posadas” / Muiña, Luis, Bignone, Reynaldo Benito Antonio, Mariani, Hipólito Rafael s/recurso de casación

This case summary is being revised and will be updated soon

Court	Federal Chamber of Criminal Appeals, Argentina
Case number	1696/1742
Decision title	Appeals Decision
Decision date	28 November 2012
Parties	Luis Muiña Reynaldo Benito Antonio Bignone Hipólito Rafael Mariani
Categories	Crimes against humanity
Keywords	murder, crimes against humanity, dictatorship, disappearances, torture
Links	Decision (in Spanish)

Summary

Reynaldo Bignone, born in 1928, was the de facto president of Argentina from 1982 to 1983 and the last dictator to hold power in the country. As such, he was appointed by the military junta and sought to impose amnesty laws for perpetrators of gross human rights violations before transferring power to the democratically elected Raul Alfonsin. Nevertheless, in 2005 the Argentinean Supreme Court overturned these amnesties and opened the way for prosecutions of those involved in the country’s 1976-1983 “Dirty War”. Since then, Reynaldo Bignone was charged and convicted of crimes against humanity in several trials on the basis of his involvement in the Dirty War.

On 20 October 2011, he was tried for crimes committed at the clandestine detention and torture centre Hospital Nacional “Profesor Alejandro Posadas”. Bignone was accused of crimes against humanity for the illegal deprivation of liberty of 22 persons and torture against five of them. He was found guilty in first instance on 29 December 2011 was sentenced to 15 years' imprisonment. On 28 November 2012, the Federal Chamber of Criminal Appeals confirmed the verdict and the sentence.

Procedural history

On 29 December 2011, the Federal Oral Tribunal Nº 2 of Buenos Aires found Mr Bignone guilty of illegal deprivation of liberty in 15 cases and ordered 15 years of imprisonment. Two other accused were sentenced to 8 and 13 years of imprisonment. (See also Federal Criminal Oral Tribunal No 2, Fundaments of the conviction (in Spanish), 3 February 2012)

Legally relevant facts

Reynaldo Bignone, born in 1928, was the de facto president of Argentina from 1982 to 1983 and the last dictator to hold power in the country. As Argentina’s last dictator, Mr Bignone was appointed by the military junta and sought to impose amnesty laws for perpetrators of gross human rights violations before transferring power to the democratically elected Raul Alfonsin. Nevertheless, the amnesties were overturned in the Julio Héctor Simón case by the Argentinean Supreme Court, opening the way for prosecutions of those involved in the country’s 1976-1983 “Dirty War.” Since then Reynaldo Bignone was charged and convicted of crimes against humanity in several trials on the basis of his involvement in the Dirty War.

On 20 October 2011, a new trial commenced which examined the crimes committed at the clandestine detention and torture centre Hospital Nacional “Profesor Alejandro Posadas.” Reynaldo Bignone was accused of crimes against humanity for the illegal deprivation of liberty of 22 persons and torture against five of them.