Miguel Angel Cavallo
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Ricardo Miguel Cavallo is a retired
Argentine Argentines (mistakenly translated Argentineans in the past; in Spanish (masculine) or (feminine)) are people identified with the country of Argentina. This connection may be residential, legal, historical or cultural. For most Argentines, s ...
naval lieutenant commander. Under the name Miguel Angel Cavallo, he served as an officer of the
National Reorganization Process The National Reorganization Process (Spanish: ''Proceso de Reorganización Nacional'', often simply ''el Proceso'', "the Process") was the military dictatorship that ruled Argentina from 1976 to 1983, in which it was supported by the United Sta ...
(''El Proceso''), which ruled
Argentina Argentina (), officially the Argentine Republic ( es, link=no, República Argentina), is a country in the southern half of South America. Argentina covers an area of , making it the second-largest country in South America after Brazil, th ...
from 1976 to 1983. On the basis of his activities in secret G-322 operations, he was later charged with kidnapping, torture, and/or murder, of hundreds of political dissidents. He left the country after retiring from the Navy. After living for decades in Mexico, Cavallo was arrested, extradited to Spain in 2003, and indicted there under the principle of
universal jurisdiction Universal jurisdiction is a legal principle that allows states or international organizations to claim criminal jurisdiction over an accused person regardless of where the alleged crime was committed, and regardless of the accused's nationality, ...
, on charges of
genocide Genocide is the intentional destruction of a people—usually defined as an ethnic, national, racial, or religious group—in whole or in part. Raphael Lemkin coined the term in 1944, combining the Greek word (, "race, people") with the Latin ...
and
terrorism Terrorism, in its broadest sense, is the use of criminal violence to provoke a state of terror or fear, mostly with the intention to achieve political or religious aims. The term is used in this regard primarily to refer to intentional violen ...
. This was the first time that a person had been extradited from one country to another, for
human rights Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for ce ...
crimes committed in a third one. After changes in Argentina, and renewal of prosecution of his case there, Cavallo was extradited in early 2008 to his homeland, tried and convicted there, in 2011, of numerous crimes, and sentenced to life in prison.


Background

Ricardo Miguel Cavallo was a career naval officer at the time the
military junta A military junta () is a government led by a committee of military leaders. The term ''junta'' means "meeting" or "committee" and originated in the national and local junta organized by the Spanish resistance to Napoleon's invasion of Spain in ...
was established in 1976, following a '' coup d'etat'' in Argentina. He was alleged to have served the junta by participating directly in its
Dirty War The Dirty War ( es, Guerra sucia) is the name used by the military junta or civic-military dictatorship of Argentina ( es, dictadura cívico-militar de Argentina, links=no) for the period of state terrorism in Argentina from 1974 to 1983 a ...
against political opponents, dissidents, and activists. He served with the G322 secret operations. During those years of state-directed terrorism, an estimated 15,000 people were
disappeared An enforced disappearance (or forced disappearance) is the secret abduction or imprisonment of a person by a state or political organization, or by a third party with the authorization, support, or acquiescence of a state or political organiza ...
and many others were kidnapped and interrogated under torture. After retiring from the Navy with the rank of lieutenant commander, Cavallo made his way to Mexico. He was later accused of "kidnapping, torturing and murdering hundreds of people," and to have committed crimes against civilians during the junta's "
Dirty War The Dirty War ( es, Guerra sucia) is the name used by the military junta or civic-military dictatorship of Argentina ( es, dictadura cívico-militar de Argentina, links=no) for the period of state terrorism in Argentina from 1974 to 1983 a ...
". He disputes these claims, and has said the allegations are a case of mistaken identity. Cavallo was indicted in
Spain , image_flag = Bandera de España.svg , image_coat = Escudo de España (mazonado).svg , national_motto = ''Plus ultra'' (Latin)(English: "Further Beyond") , national_anthem = (English: "Royal March") , i ...
in September 2000, in affirmation of the principle of
universal jurisdiction Universal jurisdiction is a legal principle that allows states or international organizations to claim criminal jurisdiction over an accused person regardless of where the alleged crime was committed, and regardless of the accused's nationality, ...
, by judge
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, who had been conducting ongoing investigations into human rights abuses under South American military dictatorships. Since Cavallo was living in
Mexico Mexico (Spanish: México), officially the United Mexican States, is a country in the southern portion of North America. It is bordered to the north by the United States; to the south and west by the Pacific Ocean; to the southeast by Guatema ...
at the time, Spain requested his
extradition Extradition is an action wherein one jurisdiction delivers a person accused or convicted of committing a crime in another jurisdiction, over to the other's law enforcement. It is a cooperative law enforcement procedure between the two jurisdict ...
. A Mexican court reviewed the case and recommended in January 2001 that he be extradited, and
Foreign Secretary The secretary of state for foreign, Commonwealth and development affairs, known as the foreign secretary, is a minister of the Crown of the Government of the United Kingdom and head of the Foreign, Commonwealth and Development Office. Seen as ...
,
Jorge G. Castañeda Jorge is a Spanish Language, Spanish and Portuguese Language, Portuguese given name. It is derived from the Greek name Γεώργιος (''Georgios'') via Latin ''Georgius''; the former is derived from (''georgos''), meaning "farmer" or "earth ...
agreed, marking a significant change in Mexico's extradition policy. Cavallo appealed the decision, which led to a lengthy series of court cases. In June 2003 the Supreme Court of Mexico ruled that he could be extradited on charges of
genocide Genocide is the intentional destruction of a people—usually defined as an ethnic, national, racial, or religious group—in whole or in part. Raphael Lemkin coined the term in 1944, combining the Greek word (, "race, people") with the Latin ...
and
terrorism Terrorism, in its broadest sense, is the use of criminal violence to provoke a state of terror or fear, mostly with the intention to achieve political or religious aims. The term is used in this regard primarily to refer to intentional violen ...
, but not on charges of
torture Torture is the deliberate infliction of severe pain or suffering on a person for reasons such as punishment, extracting a confession, interrogation for information, or intimidating third parties. Some definitions are restricted to acts c ...
, for which a lower court had ruled the
statute of limitations A statute of limitations, known in civil law systems as a prescriptive period, is a law passed by a legislative body to set the maximum time after an event within which legal proceedings may be initiated. ("Time for commencing proceedings") In m ...
had expired. He was extradited later that month, marking the first time that a country had extradited an individual to another country for human rights crimes allegedly committed in a third. As Cavallo awaited trial in Spain, Argentina in 2003 repealed, and in 2005 its Supreme Court declared unconstitutional, the ''
Ley de Punto Final The Full stop law, ''Ley de Punto Final'', was passed by the National Congress of Argentina in 1986, three years after the end of the military dictatorship of the Proceso de Reorganización Nacional (1976 to 1983) and restoration of democracy. F ...
'' and ''
Ley de Obediencia Debida The Law of Due Obedience ( es, Ley de obediencia debida) was a law passed by the 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 e ...
'', two laws of 1985-1986 that had previously given
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to individuals alleged to have committed crimes during the "Dirty War". As a result, the
National Court of Spain The Audiencia Nacional (; en, National Court) is a centralised court in Spain with jurisdiction over all of the Spanish territory. It is specialised in a certain scope of delinquency, having original jurisdiction over major crimes such as those ...
in December 2006 declared that since Cavallo could be tried in Argentine courts, which had priority, the Spanish courts lacked jurisdiction. Cavallo was briefly released from jail when an extradition request from Argentina failed to arrive within the required 40 days, but was rearrested a day later after a request was faxed. The
Spanish Supreme Court The Supreme Court ('', TS'') is the highest court in the Kingdom of Spain. Originally established pursuant to Title V of the Constitution of 1812 to replace —in all matters that affected justice— the System of Councils, and currently regulat ...
reversed the lower court decision in July 2007, ruling that Cavallo should stand trial in Madrid, because the case against him in Spanish courts was more advanced than that in Argentina. In February 2008 the Spanish government granted Argentina's extradition request, and Cavallo was sent back to Argentina the next month. He was convicted at trial; the verdict was upheld through appeals, and he was sentenced to life imprisonment by the Argentine Supreme Court on October 26, 2011."Quién es cada uno de los 18 juzgados" (Who are the 18 cases?)
''Clarin'', 26 October 2011
In 1985, France awarded him the
Ordre national du Mérite The Ordre national du Mérite (; en, National Order of Merit) is a French order of merit with membership awarded by the President of the French Republic, founded on 3 December 1963 by President Charles de Gaulle. The reason for the order's esta ...
, a French
order of merit The Order of Merit (french: link=no, Ordre du Mérite) is an order of merit for the Commonwealth realms, recognising distinguished service in the armed forces, science, art, literature, or for the promotion of culture. Established in 1902 by K ...
, not knowing his role in tortures and killing. This distinction was withdrawn in 2020.


References

{{DEFAULTSORT:Cavallo, Ricardo Operatives of the Dirty War Living people Year of birth missing (living people) Argentine people imprisoned abroad People extradited to Spain People extradited from Mexico People extradited to Argentina People extradited from Spain Prisoners sentenced to life imprisonment by Argentina Argentine prisoners sentenced to life imprisonment