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Books Evading punishment with immunity laws
IMPUNITY: AN
ETHICAL PERSPECTIVE Edited by Charles Harper World Council of
Churches, $11.90 |
By GARY MacEOIN
The Nuremberg trials of Nazi leaders after World War II, it was
long assumed, had clearly established that violators of human rights could not
escape punishment on the plea that they had simply carried out the commands of
their lawful superiors. Unfortunately, experience has invalidated that
assumption.
Perpetrators of such crimes as murder, "disappearances" and
torture under military dictatorships in many countries in the last quarter
century successfully evade punishment, frequently aided by immunity
legislation. Such legislation has even been supported on occasion by various
multinational corporations, the World Bank, and the International Monetary
Fund. It is more important, it has been argued, to ensure a country's economic
stability than to pursue justice on behalf of the victims.
Impunity: An Ethical Perspective deals with such situations
in six Latin American countries: Peru, Uruguay, Argentina, Chile, Bolivia and
El Salvador. The 16 contributors, starting from biblical and theological
positions, argue convincingly that the health of society as well as justice
exclude impunity understood as protecting the wrongdoer on the ground that the
action was guiltless.
A particularly convincing argument is offered by Paz Rojas Baeza,
a Chilean neuropsychiatric physician, who analyzes the effect of impunity on
persons affected by the violence. Her conclusions are based on more than 20
years of medical, psychological and social help to a thousand survivors of
torture and to relatives of victims who had not survived.
A study of persons who had been tortured more than 10 years
earlier revealed a continuing emotional presence of the torturer. "What
recurred and persisted in their recollections was the ever-impending arrival of
the interrogators." Distrust had been built up to a point that it blocked all
normal interpersonal relationships, leaving "a sinister memory that damages
subsequent relations with other people."
During the therapy process, Rojas writes, it was discovered that
the parameters of reality are altered, for both victims and their families, by
concealment and deceit. This situation, she concludes, cannot be righted as
long as impunity protects the perpetrators of the injustice.
It does not follow, however, that the perpetrator must always be
punished. For the well-being of both the victim and society, writes Uruguayan
Jesuit Luis Perez Aguirre, what is essential is the healing process
institutionalized in the Christian rite of forgiveness and reconciliation. This
involves examination of conscience, repentance for evil done, a firm resolve
not to repeat the offense, confession of guilt before the community and God,
and a penitential act that makes amends for the injury done.
Jesuit Jon Sobrino applies these conditions to El Salvador, where
a UN-sponsored Truth Commission has identified violators of human rights during
the 20-year civil war, as well as those who abetted the violators by denying
the facts. These latter included three presidents and four defense ministers of
El Salvador, four U.S. ambassadors and two U.S. presidents. "All of them knew
the truth but remained silent and/or covered up crimes. As we now see in
published form, they all lied brazenly."
The Salvadoran rebel organization -- FMLN -- has acknowledged and
asked pardon for the five percent of atrocities attributed to it in the Truth
Report. But there has been no similar response from those responsible for the
95 percent -- the armed forces, the oligarchy and the United States.
"The countries of the North," Sobrino writes, "cannot simply
rejoice now that the truth is being told and leave the blame to the Salvadorans
alone, as if geopolitical considerations and their own economic and military
policies had nothing to do with it, not to mention the lucrative business of
arms sales. Only thus can the First World come to see itself as it truly is.
... This is particularly important to the U.S.A."
The pertinence of Sobrino's comments is intensified by the signing
of the Guatemalan peace agreement Dec. 29, 1996, ending a war that started in
1954 with the U.S.-instigated and supported overthrow of the democratically
elected government.
Gary MacEoin, an author and expert on Latin America, lives in
San Antonio.
National Catholic Reporter, February 7,
1997
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