Law of Due Obedience: Difference between revisions

'''''Ley de Obediencia Debida''''' (Spanish,The '''Law of Due Obedience''' ({{lang-es|Ley de obediencia debida}}) was a law passed by the [[Argentine National Congress|National Congress]] of [[Argentina]] after the end of the military dictatorship of the [[Proceso de Reorganización Nacional]] (which started with a [[coup d'état]] in 1976 and ended in 1983). Formally, this law is referred to by number (Law No. 2352123,521), like all others in Argentine legislation, but ''Ley de Obediencia Debida'' is the only designation in common use, even in official speeches.<ref>[http://www.nuncamas.org/document/nacional/ley23521.htm Law 23521] {{webarchive|url=https://web.archive.org/web/20060515222256/http://www.nuncamas.org/document/nacional/ley23521.htm |date=2006-05-15 }} Full text of the ''Ley de Obediencia Debida''.</ref>

The law was passed on 4 June 1987. It dictates that it must be assumed, without admitting proof to the contrary, that all officers and their subordinates including common personnel of the Armed Forces, the Police, the Penitentiary Service and other security agencies cannot be legally punished byfor crimes committed during the dictatorship as they were acting out of [[Superior Ordersorders|due obedience]], that is, obeying orders from their superiors (in this case, the heads of the military government, who had already been tried in the [[Juicio a las Juntas|Trial of the Juntas]]).{{fact|date=January 2023}}

This law was passed one year after the ''[[Leyfull destop Punto Finallaw]]'' in order to contain the discontent of the Armed Forces. It effectively exempted military personnel under the rank of [[Colonelcolonel]] from responsibility for their crimes, which included [[forced disappearance]]s, illegal detentions, [[torture]] and [[murder]]s. Its text is rather short, with only 7 articles, the second of which contains an exception (the law does not apply to cases of rape, disappearance or identity forgery of minors, or extensive appropriation of real estate).{{fact|date=January 2023}}

The ''Ley de Obediencia Debida'' and the ''Ley de Punto Final'' were repealed by the [[Argentine National Congress|National Congress]] in August 2003, which allowed for the re-opening of cases that involved [[crime against humanity|crimes against humanity]]. The first of such cases, which involved the former [[Buenos Aires Provincial Police]] second-in-command [[Miguel Etchecolatz]], ended in September 2006 and laid down jurisprudence by acknowledging that the dictatorship's [[state terrorism]] was a form of [[genocide]].<ref>BBC News, 13 August 2003. [http://news.bbc.co.uk/2/hi/americas/3146379.stm Argentina overturns amnesty laws].</ref><ref>BBC News, 21 August 2003. [http://news.bbc.co.uk/2/hi/americas/3169297.stm Argentina scraps amnesty laws].</ref>

[[Category:Repealed Argentine legislation]]