Seven Murders Probed in "Dirty War" Tribunal

La Plata, Buenos Aires Province, Argentina - Witnesses testified last week about the Rev. Christian Von Wernich's role in the disappearance and murder of the "group of seven" during Argentina's "dirty war."

Father Von Wernich, 69, has been indicted as an accomplice on seven counts of murder, 30 counts of torture and 41 counts of deprivation of liberty. The defense is confident, however, that Von Wernich will not be convicted of the homicides, and some lawyers on the victim's side say it will be a "fight."

From 1976 to 1983, Argentina was ruled by a military dictatorship, among the most repressive in South America. The government, in a "process of national reorganization," engaged in a "dirty war" against perceived "subversive elements." Based on French tactics in the Algerian war, the government used clandestine and illegal methods of combating its perceived enemy. Torture, forced disappearances, illegal detention and murder were methods of intimidation and interrogation used by the government. Official figures published after the democratic transition place the number of "disappeared" during military rule at around 14,000, though human rights groups maintain the figure is closer to 30,000.

Von Wernich served as police chaplain and spiritual adviser to Ramon Camps, head of the Buenos Aires police force from 1976-77 and among the government's most notorious repressors. He had been protected from prosecution by a series of amnesty laws passed in 1986 and 1987, at the time meant to settle military unrest during the democratic transition. Those laws were overturned by the Supreme Court in 2005. Around 270 people currently face charges for their role in the dirty war. Von Wernich's case is the second to reach oral trial, and the first-ever case examining the role of the Catholic Church during the last dictatorship.

The seven counts of homicide which Von Wernich faces all center around his interactions with the "group of seven," held inside the Brigada de Investigaciones clandestine detention center in La Plata throughout 1977. After suffering brutal torture for several months, the group caved and began to act as confessors for the police force, helping the government locate left-wing activists, militants and guerrillas with whom they were associated. In exchange for their cooperation, they were granted contact with their families and a few close friends, a privilege rarely granted to the illegally detained.

In mid 1977, the group was offered the option to go to prison for five years or leave the country. All opted for exile, and Von Wernich began to contact some of the group's families to arrange for their departure. Based on 1984 testimony given to Argentina's national commission on the disappeared (CONADEP) by Julio Emmed, a police officer at the time, the group members were murdered on their way to the airport. Emmed claimed to have participated in the killings, saying he acted under orders from Von Wernich. Emmed also claimed Von Wenich was in the car when he beat two of the victims to death. Von Wernich later told Emmed it "was necessary; it was a patriotic act and God knew it was for the good of the country" after seeing Emmed was "shocked." Emmed, however, later recanted his testimony, alleging CONADEP offered him $20,000 and immunity. He was murdered in 1987 under mysterious circumstances. Emmed's testimony is the only direct evidence of the group's fate.

Witnesses related that Von Wernich used his role as a priest to gain the confidence of families of the victims and solicited them for "money and clothing," ostensibly in preparation for their children's exile. When the families did not hear from their children for months, after their supposed departure from the country, Von Wernich told the families to keep silent and be patient.

The most dramatic testimony, over two days of witnesses, came from Maria Mercedes Molina. Molina, 30, was born in the Brigada de Investigaciones in La Plata. Her mother, Liliana Galarza, was four months pregnant at the time she was disappeared. After spending nearly six months with no outside contact, Galarza was eventually allowed to contact her parents, probably in exchange for cooperation with interrogators. Molina, born in April 1977, was released to her grandparents in October 1977. Von Wernich signed her baptism certificate, entered into the record in the case.

Molina alleged that "Von Wernich was used as a confidant by my family, to gain their trust and to keep them silent." The family sent money to Von Wernich, which he said would be used to arrange for the airline ticket and documents needed for her departure abroad. Carlos Galarza, Liliana's brother, added that his family was "very Christian, we all went to Catholic school," and that the figure of a priest was a relief to his parents, who had known nothing about their daughter's whereabouts for months.

When the Galarzas didn't hear any news from Liliana after her alleged departure, they contacted Von Wernich to learn whatever they could. Molina alleged Von Wernich encouraged them to not make "any public statement, don't file any habeas action. Keep silent and be prudent, wait at least a year, for her safety." He continued that Liliana would contact them within a year.

Galarza's parents are now deceased, though testimony relating these interactions has been entered into the record from a 1985 case against Camps, solidifying Molina's testimony, who was an infant at the time.

Other witnesses recounted similar stories. Matilda Mainer, mother of Maria Magdalena and Pablo Mainer, siblings in the group of seven, testified that she gave $2,000 and some clothing to Von Wernich. "We even saw the ticket; we were convinced they were going to leave."

On the second day of testimony, Adriana Idiart, sister of Cecilia Idiart, a member of the "group of seven," said her family met with Von Wernich "almost weekly." She continued, "It was a pleasure to see him, he always had good news and letters from my sister." Von Wernich asked for money and clothing to prepare for Cecilia's trip, saying he would arrange the documents, get the ticket and "accompany her when she left." Cecilia?s mother gave Von Wernich about $1,500, baggage and some clothing.

After two months, Adriana said "we didn't receive any news or any cards. My mom called Von Wernich, and he told her to have patience, don't be so anxious," adding that Von Wernich said "You know how kids are, they always take time to communicate." They never again spoke with Von Wernich, despite efforts to track him down and learn of Cecilia's fate.

Carlos Girard, Cecilia's boyfriend, commented "My mother-in-law was very religious all her life and was completely convinced by what he said. I saw it in a political context and was more skeptical, but for her, it was the words of the church and she had absolute confidence in what he said."

Mona Moncavillo, sister of Domingo Moncavillo, also among the "group of seven," accused Von Wernich of being "conscious of what he did, because he changed his name to Christian Gonzalez when he went to Chile. He's a sinister person." Von Wernich left Argentina in 1989 after strong public protest against his position in the church. He served as a priest in a small fishing village in Chile for fourteen years, until he was arrested in 2003 on a trip back to Argentina.

Nevertheless, lawyers for the victims are not confident they can prove Von Wernich guilty of the homicides. Marta Vedio, from the Permanent Assembly for Human Rights and among the twelve lawyers representing victims in the case, commented to Truthout that "For the homicide charges, we have to fight; there's not as much evidence as for the kidnapping charges. But the baptism certificate and his exchanges with the Galarza family are solid evidence, at least, for the kidnapping of Maria Mercedes and Liliana."

Juan Cerolini, defense attorney for Von Wernich, commented to Truthout during a pause in the proceedings, "We're not interested in a public trial, in attacking or justifying the dictatorship. There simply is no direct evidence linking Von Wernich to any of the crimes with which he has been indicted. He said this, she heard this - nobody saw Von Wernich commit any of the crimes." He added "against Etchecolatz," referring to the intelligence chief of the Buenos Aires police force, convicted to life in prison by the same tribunal last September, "there were plenty of witnesses who identified him and said 'he's the one who tortured me.' The only such evidence against Von Wernich in this case comes from Emmed," who took back his testimony and is not alive to be questioned by the tribunal.

On Thursday, members of CONADEP will testify about the circumstances of Emmed's testimony. Oral testimony will last until September 13, and a verdict should be reached by early October.

Sam Ferguson is a JD candidate at Yale Law School and a former Senior Researcher at the Rockridge Institute under George Lakoff. He is investigating the problems of transitional justice and democratic consolidation after periods of military rule. He is currently living in Buenos Aires.

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