Twenty-five years of Democracy in Argentina The search for the disappeared Forensic Anthropology and Human Rights Lic. Silvana Turner Argentine Forensic Anthropology Team (EAAF) www.eaaf.org Political violence in Latin America Disappeared/killed by political reasons (1960 – present): Guatemala (250.000) Colombia (100.000) El Salvador (75.000) Peru (70.000) Argentina (10.000) Chile (3.000) Gral. Pinochet Mothers of Plaza de Mayo Some Truth Commissions Argentina (1983/84) Chile (1990/91) El Salvador (1992/93) Guatemala (1997/99) Peru (2001/03) 1976-83 1973-90 1980-91 1962-96 1980-00 Chronology 1 Military dictatorship: March 24, 1976 Self-amnesty Law (Law 22.924): Sept. 27, 1983 Return to democracy: Dec. 10, 1983 Self-amnesty Law Annulment.(Law 23.050): Dec. 29,1983 CONADEP’s official report: Sept. 20,1984 Disposal of Bodies Search and recovery of remains 1984 Forensic system in Latin America Not very independent Judiciary, Prosecutor's office, Police No anthropologist, archaeologists, etc forensic specialists Cases of complicity Few independent options No integration of families/communities Victims’ relatives EAAF foundation (1984) Independent forensic alternative to the official forensic system. Focuses on the investigation of human rights violations Special emphasis: the rights of the relatives/communities of disappeared people, their necessity to know and participate. Chronology 2 •Trials of Top Junta Members: April 22, 1985 •Full Stop Law: Dec. 5, 1986 •Due Obedience Impunity Law: May 13, 1987 •Amnesty Law (1st Presidential pardon): Oct. 30, 1989 •Amnesty Law (2nd Presidential pardon): Dec. 28, 1990 Dr. Clyde Snow EAAF’s international work (1986-2008) AFRICA AMERICA Bolivia Angola Brazil DRC Chile Ethiopia Colombia Ivory Coast El Salvador Kenya Guatemala Morocco Haiti Namibia Honduras Sierra Leone Mexico South Africa Panama Paraguay Sudan Peru Togo Uruguay Zimbabwe Venezuela EUROPE ASIA OCEANIA Bosnia Croatia Cyprus Georgia Kosovo Romania East Timor French Polynesia Iraq Nepal Philippines EAAF’s objectives To provide evidence in court/special commissions of inquiry. To assist the relatives of the victims in pursuit of their rights to recover the remains of their loved ones. To collaborate in the training of new teams in other countries where investigations into human rights violations are necessary. To contribute to the historical reconstruction of the recent past. Forensic Anthropology Forensic anthropology uses methods and techniques from physical anthropology, archaeology, and forensic medicine to investigate legal cases involving skeletal or almost skeletonnized remains. EAAF investigation process •Historical investigation: Recovery and analysis of oral and written sources. Collection of Ante Mortem data •Archaeological work: Recovery and analysis of the findings. •Laboratory analysis: Identification of remains, and determination of the cause of death. Zona 2 Military division of the country Zonas Argentina -EAAF- Map of Illegal Detention Centers Map of cemeteries with NN graves (in red) Testimonies of victims at Truth Commission -EAAF- 20 Cemetery records Intelligence reports “30 Media reports bodies were found in Pilar” Collection of Ante Mortem information Building a relation of confidence and trust. Respect cultural and religious context. Interviews with different members of the family and friends. More than one meeting, proper time and place. Use of specific forms. Specific strategy for blood/saliva samples for DNA. Medical, anthropological, odontological information. Persona effects, clothing. East Timor, meeting with relatives before exhumations, 2005 Darfur, Sudan, 2004, recording graves How to organize the information? The use of computer experts: working with investigators. Defining what do we want to collect. Data bases on: List of victims (name, sex, age, date of disapp., place). Ante mortem information. Location of possible grave sites. Chronology of the conflict. Information from the media. Official documents. Sharing information among NGO´s. Security of the information. nd 2 stage - Forensic Archaeology Forensic archaeology applies the techniques of the traditional archaeology to a legal context. Capacity and knowledge to analyze a “crime scene” that involves exhumation of bodies, recovery of remains and objects spread about the surface. Minimum field team: Forensic physician, Forensic anthropologist/archaeologist, Scene of crime officers, Photographer, Planimetry, and Security. Guatemala South Africa El Salvador Ethiopia Croacia Argentina Argentina El Salvador Argentina Argentina Interdisciplinary Team Forensic physician Forensic anthropologist Forensic odontologist Forensic radiologist Other disciplines (Biologists, entomologists, chemists, etc.) Are the remains human? Is the case of forensic interest? How many individuals are there in the sample? Identification Cause of death PREPARATION OF THE REMAINS X-Raying Taking samples CLEANING RECONSTRUCTION LABELLING EXTENSION IN ANATOMICAL POSITION INVENTORY DEAL WITH NON BIOLOGICAL EVIDENCE (records, transfers) Biological Profile DETERMINATION OF SEX ESTIMATION OF AGE ESTIMATION OF ANCESTRY ESTIMATION OF STATURE DESCRIPTION OF PATHOLOGIES, ANOMALIES & ANTE-MORTEN TRAUMAS ODONTOLOGICAL ANALYSIS COMPARISON OF PRE & POST-MORTEM DATA: IDENTIFICATION EAAF Identification of the victims The information from the study is contrasted with the ante-mortem data obtained through historical investigations and interviews with relatives, as well as with the contextual information and artifacts from the excavation (type of burial, presence of ballistic material or elements indicative of violence, etc.). Hypothesis of identity In the absence of medical, x-rays, dental records, etc., this hypothesis should be verified through genetic analysis. Genetic analysis In the laboratory of molecular genetics the DNA extracted from bone material of the skeleton (teeth, segments of large bones, etc.) is compared with the blood of the presumed family. LIDMO Laboratory (Córdoba,Ar g.) Peri mortem: classification generally by causal agent • Number • Location • Sequence • Trajectory Gunshot wounds Argentina 1990 - 2008 1990- 2003 Absent by Forced Disappearance Law. Economic compensations for victims and relatives. Trials on child kidnapping (Condor Operation). Opening of processes on the disappearance of foreigners (Spain, Italy, Sweden, France, Germany). 2003: Annulment of amnesty laws, with congressional support. 2005 Supreme Court overturns Due Obedience and Full Stop immunity laws. Reopening of criminal cases. 2008 368 detained, 54 condemned, 60 fugitives, 64 trials. 95 young disappeared found by Grandmothers of Plaza de Mayo. CDCs opened as remembrance places and museum. EAAF’s achievements in Argentina Exhumations: 1.100 aprox. Identifications: 300 Blood samples: 6.000 Bone samples: 600 Results expected: 2008-2009 2009-2010: continue Latin American Initiative for the Identification of the Disappeared (LIID) Argentina