Arancibia Clavel, Enrique Lautaro, and Others, re Aggravated Homicide and Illicit Association and Others
Argentina Supreme Court of Justice
Cause No. 15/6/93-B (2004)
- Written by Curtis Parvin, JD
Facts
Chilean general Carlos Prats and his wife were exiled to Argentina (plaintiff) after a 1973 Chilean military coup. In 1974, Prats and his wife were assassinated in Argentina by a Chilean group. Enrique Arancibia Clavel (Arancibia) (defendant), an asserted member of the Chilean secret police, was charged, tried, and convicted of the murder and other crimes. After Arancibia was charged, Argentina ratified the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity (the convention). Arancibia appealed to the Argentina Supreme Court of Justice, arguing that the statute of limitations established by an Argentine amnesty law barred the charges against him and that, because the convention was affirmed after he was charged, the convention could not defeat his statute-of-limitations defense.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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