Julio César Strassera
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Julio César Strassera (September 18, 1933 – February 27, 2015) was an Argentine lawyer and jurist. He served as Chief Prosecutor during the
Trial of the Juntas The Trial of the Juntas () was the judicial trial of the members of the ''de facto'' military government that ruled Argentina during the dictatorship of the '' Proceso de Reorganización Nacional'' (''el Proceso''), which lasted from 1976 to 1 ...
in 1985.


Life and times


Early life

Strassera was born in
Comodoro Rivadavia Comodoro Rivadavia (), often shortened to Comodoro ( ), is a city in the Patagonian Provinces of Argentina, province of Chubut Province, Chubut in southern Argentina, located on the San Jorge Gulf, an inlet of the Atlantic Ocean, at the foot of th ...
in 1933. He attended the prestigious Colegio San José college preparatory school, left two years shy of graduation, and returned to complete his secondary studies. He would later enroll at the
University of Buenos Aires The University of Buenos Aires (, UBA) is a public university, public research university in Buenos Aires, Argentina. It is the second-oldest university in the country, and the largest university of the country by enrollment. Established in 1821 ...
and earn a ''
juris doctor A Juris Doctor, Doctor of Jurisprudence, or Doctor of Law (JD) is a graduate-entry professional degree that primarily prepares individuals to practice law. In the United States and the Philippines, it is the only qualifying law degree. Other j ...
'' in 1963. He was named Secretary of a Buenos Aires Federal Court shortly after the March 1976 coup, and was later appointed as a Federal
Prosecutor A prosecutor is a legal representative of the prosecution in states with either the adversarial system, which is adopted in common law, or inquisitorial system, which is adopted in Civil law (legal system), civil law. The prosecution is the ...
.


Role during the Dirty War

His tenure as Federal Prosecutor coincided with the height of the
Dirty War The Dirty War () is the name used by the military junta or National Reorganization Process, civic-military dictatorship of Argentina () for its period of state terrorism in Argentina from 1974 to 1983. During this campaign, military and secu ...
, and a large number of ''
Habeas Corpus ''Habeas corpus'' (; from Medieval Latin, ) is a legal procedure invoking the jurisdiction of a court to review the unlawful detention or imprisonment of an individual, and request the individual's custodian (usually a prison official) to ...
'' inquiries were solicited at his office during this period, many from friends and family of
political prisoners A political prisoner is someone imprisoned for their political activity. The political offense is not always the official reason for the prisoner's detention. There is no internationally recognized legal definition of the concept, although ...
. Strassera, however, refused to file most of these. Some of the most notable cases thereof included that of former Santa Cruz Governor Jorge Cepernic, who had been arrested following the coup, and whose property had been seized without
due process Due process of law is application by the state of all legal rules and principles pertaining to a case so all legal rights that are owed to a person are respected. Due process balances the power of law of the land and protects the individual p ...
and of Lidia Papaleo, whose majority ownership of newsprint manufacturer Papel Prensa was allegedly seized from her under duress following the death of her husband, financier David Graiver. Strassera was charged with investigating possible links between the late banker and the
Montoneros Montoneros (, MPM) was an Argentine far-left politics, far-left Peronism, Peronist, Camilism, Camilist and Catholic Church, Roman Catholic revolutionary Guerrilla warfare, guerrilla organization, which emerged in the 1970s during the "Argentine ...
guerrilla Guerrilla warfare is a form of unconventional warfare in which small groups of irregular military, such as rebels, Partisan (military), partisans, paramilitary personnel or armed civilians, which may include Children in the military, recruite ...
organization, and asked for a sentence of five years' imprisonment for the widow. His motion and appeal to this effect were both denied, however. Another controversial motion filed by Strassera as prosecutor pertained to the July 4, 1976, San Patricio Church massacre - charges he succeeded in having the presiding judge drop. Strassera was named criminal court Judge in 1981, an appointment he considered a demotion since he would be relegated to "sentencing chicken thieves."


Trial of the Juntas

Strassera was reappointed prosecutor, however, following the election of President
Raúl Alfonsín Raúl Ricardo Alfonsín (; 12 March 1927 – 31 March 2009) was an Argentine lawyer and statesman who served as President of Argentina from 10 December 1983 to 8 July 1989. He was the first democratically elected president after the 7-yea ...
in 1983. Following the president's October 4, 1984, decision to have leading members of the
military dictatorship A military dictatorship, or a military regime, is a type of dictatorship in which Power (social and political), power is held by one or more military officers. Military dictatorships are led by either a single military dictator, known as a Polit ...
tried by a civilian appeals court, Strassera was offered the post of Chief Counsel for the Prosecution by the Minister of Justice, Carlos Alconada Aramburú. Strassera appointed Assistant Prosecutor Luis Moreno Ocampo, who at the time served as counsel in the Solicitor General's department. Both men had served in Justice Ministry posts during the dictatorship, and both would now prosecute
crimes against humanity Crimes against humanity are certain serious crimes committed as part of a large-scale attack against civilians. Unlike war crimes, crimes against humanity can be committed during both peace and war and against a state's own nationals as well as ...
by its leaders. Both were also the only two of the many prosecutors contacted who accepted the challenging posts. The difficulty of gathering evidence and testimony from reluctant witnesses for this trial — the first proceedings of their kind since the proceedings against Greek Junta leadership in 1975 — was compounded by pressure from many of those implicated in the abuses and their allies. Strassera's office was contacted on numerous occasions by the former Interior Minister during the dictatorship, General Albano Harguindeguy, as well as by right-wing figures in the ruling UCR itself. During the trial itself, 29 bomb threats were received in Buenos Aires schools, and a number were detonated in key government installations. Hearings officially began on April 22, 1985, upon which Strassera presented 709 cases to the presiding tribunal. Ultimately, 280 cases were heard and 833 witnesses testified, including former President, General Alejandro Lanusse and writer
Jorge Luis Borges Jorge Francisco Isidoro Luis Borges Acevedo ( ; ; 24 August 1899 – 14 June 1986) was an Argentine short-story writer, essayist, poet and translator regarded as a key figure in Spanish literature, Spanish-language and international literatur ...
. The number of defendants, however, were narrowed to the nine leading junta members in power from 1976 to 1982. Excluded were the roughly 600 officers charged at the time with abuses in courts across the country. The last day of testimony took place on August 14, 1985. Strassera presented charges against the nine defendants — including three former Presidents — on September 11. He argued that sentences for each defendant be dictated by the proven role of each
military junta A military junta () is a system of government led by a committee of military leaders. The term ''Junta (governing body), junta'' means "meeting" or "committee" and originated in the Junta (Peninsular War), national and local junta organized by t ...
in the cases heard by the court. The tribunal, however, ruled that sentencing should be determined by the role of each branch of the
Argentine Armed Forces The Armed Forces of the Argentine Republic () are the combined armed forces of Argentina. It is controlled by the Commander-in-Chief (the President) and a civilian Minister of Defense. In addition to the Army, Navy and Air Force An air ...
in each case, thereby lessening sentences for the
Air Force An air force in the broadest sense is the national military branch that primarily conducts aerial warfare. More specifically, it is the branch of a nation's armed services that is responsible for aerial warfare as distinct from an army aviati ...
commanders on trial. Strassera presented closing arguments on September 18, saying:


Later career

The December 9 sentencing of General Jorge Videla and Admiral Eduardo Massera to
life imprisonment Life imprisonment is any sentence (law), sentence of imprisonment under which the convicted individual is to remain incarcerated for the rest of their natural life (or until pardoned or commuted to a fixed term). Crimes that result in life impr ...
, of three others to lighter sentences, and the acquittal of four others for
insufficient evidence In a legal dispute, one party has the burden of proof to show that they are correct, while the other party has no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts ...
proved a disappointment to most supporters of the trials. The 1986/87 enactment of the Full Stop Law and the Law of Due Obedience effectively halted most remaining prosecutions, moreover, and those sentenced were ultimately pardoned in 1989 and 1990 by President
Carlos Menem Carlos Saúl Menem (2 July 1930 – 14 February 2021) served as the 50th president of Argentina for ten years, from 1989 to 1999. He identified as Peronism, Peronist, serving as President of the Justicialist Party for 13 years (from 1990 to 200 ...
. Strassera subsequently represented Argentina at the
United Nations Commission on Human Rights The United Nations Commission on Human Rights (UNCHR) was a functional commission within the United Nations System, overall framework of the United Nations from 1946 until it was replaced by the United Nations Human Rights Council in 2006. It was a ...
and related international organizations. Following Menem's pardons, he resigned his government posts, and joined the Permanent Assembly for Human Rights, one of the leading non-governmental human rights organizations in Argentina. The noted prosecutor and jurist would remain a controversial figure in Argentina, however. Strassera defended Buenos Aires Mayor
Aníbal Ibarra Aníbal Ibarra (born March 1, 1958) is an Argentine lawyer and politician who served as mayor of Buenos Aires. Biography Ibarra was born in Lomas de Zamora, a district located in the southern region of Greater Buenos Aires. His father was a P ...
during his 2005 impeachment trial against charges of negligence as the city's chief magistrate during the deadly
República Cromañón nightclub fire Republica is an English alternative rock band formed in 1994. Republica may also refer to: Companies * Republica A/S, a Danish advertising company * República, LLC, an advertising company headquartered in Miami, Florida Conferences * re:publica ...
. He later became a vocal opponent of Kirchnerism despite the numerous changes enacted by President
Néstor Kirchner Néstor Carlos Kirchner Ostoić (; 25 February 195027 October 2010) was an Argentine lawyer and politician who served as the president of Argentina from 2003 to 2007. A member of the Justicialist Party, he previously served as Governor of Sa ...
that allowed trials of hitherto immune Dirty War perpetrators to proceed. He opposed the
extradition In an extradition, one Jurisdiction (area), jurisdiction delivers a person Suspect, accused or Conviction, convicted of committing a crime in another jurisdiction, into the custody of the other's law enforcement. It is a cooperative law enforc ...
request against former President
Isabel Perón Isabel Martínez de Perón (, born María Estela Martínez Cartas; 4 February 1931) is an Argentine politician who served as the 41st president of Argentina from 1974 to 1976. She was one of the List of elected and appointed female heads of s ...
(whose authorization of ''
Operativo Independencia Operativo Independencia ("Operation Independence") was a 1975 Argentine military operation in Tucumán Province to crush the People's Revolutionary Army (Argentina), People's Revolutionary Army (ERP), a Guevarist guerrilla group which tried to c ...
'' in 1975 arguably began the Dirty War), and insinuated that the Kirchners promoted trials against indicted officers for political expediency. Amid a series of controversies between Clarín and Kirchnerism, an exchange of accusations followed Strassera's defense of the Clarín Media Group's claim that Papel Prensa had been acquired lawfully from the Graivers. Cabinet Chief Aníbal Fernández pointed to Strassera's sanctions against lawyers who presented ''Habeas Corpus'' petitions during the 1976 — 83 dictatorship as proof that his role in the subsequent Trial of the Juntas was merely pretense, and Strassera, in turn, claimed the Kirchners "never have done anything for human rights in Argentina," and instead "dedicated themselves to making money." Strassera was checked into the San Camilo Clinic in
Caballito, Buenos Aires Caballito (; Spanish for "little horse") is a ''barrio'' (neighborhood) of the Argentine capital, Buenos Aires. It is the only ''barrio'' in the administrative division ''Comuna'' 6. It is located in the geographical centre of the city, limited ...
, on February 16, 2015, with a condition of
hyperglycemia Hyperglycemia is a condition where unusually high amount of glucose is present in blood. It is defined as blood glucose level exceeding 6.9 mmol/L (125 mg/dL) after fasting for 8 hours or 10 mmol/L (180 mg/dL) 2 hours after eating. Blood gluc ...
, and died ten days later; he was 81.


References

{{DEFAULTSORT:Strassera, Julio Cesar 1933 births 2015 deaths Argentine people of Italian descent Lawyers from Buenos Aires University of Buenos Aires alumni 20th-century Argentine judges 21st-century Argentine judges Argentine prosecutors Articles containing video clips