07 April 2004
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On 1 April 130,000 people took to the streets in Buenos Aires city and thousands more marched in several provincial capitals, to demand from the government more effective action against crime. The event was triggered by the kidnap and murder of a young man in an affluent suburb ― the third prominent case since 2002 of a kidnapping followed by murder.
The fact that the killing reportedly took place during a shootout between police and kidnappers, which foiled the delivery of a ransom payment, was all too readily interpreted by the public as a sign that elements of the police may have been involved in the kidnapping.
Felipe Solá, governor of Buenos Aires province, in whose jurisdiction the crime took place, promptly demanded an extra US$344,000 from the federal government `to put more policemen on the street'. In the meant time, he took 1,300 police officers off desk duty and sent them out of patrol. President Néstor Kirchner congratulated the father of the victim, Juan Carlos Blumberg, for having convened and led the mass protest. Then, through justice minister Gustavo Béliz, he let it be known that he would soon be unveiling a `national plan' against crime.
The noise made by officialdom drowned out the fact that what was being promised was a repetition of announcement already made over the past year or so. All the elements of Kirchner's `national plan' ― restructuring the federal police, removal of judicial obstacles to the investigation of kidnappings, a tightening of controls on police forces ― were supposed to have been under way for some time.
Roots deeper than crisis of 2001
Many have linked the rise in crime in Argentina, and particularly kidnapping, with the severe economic crisis of 2001-02. Actually, the country had been undergoing a quiet escalation of kidnapping long before the economic crisis of 2001-2002 was accompanied by the surge in the number of kidnappings that attracted international attention.
Nor is it a secret that organised kidnapping in Argentina can be traced back to the insurgency and ensuing `dirty war' of the 1970s; some of the gangs were formed by members of the counterinsurgency `task groups' drawn from the armed forces and police. The most brazen was led by Raúl Guglielminetti, a `dirty warrior' who had got himself appointed to a security post attached to the presidency during the government of Raúl Alfonsin, who inaugurated the return to elected rule in 1983.
A kidnap gang known as Los Arcángeles, that included policemen previously attached to army intelligence, was disbanded in 1991. The so-called `band of the commissioners', formed by members of the federal police, was responsible for at least five high-profile abductions between 1978 and 1991, including that of businessman and politician Mauricio Macri (ransomed for US$6m), before being broken up. Links have been suggested between that band and the one which kidnapped Macri's half-sister in 2003 (reportedly ransomed for US$1.5m).
Still active today
This connection has persisted. Kirchner has acknowledged the involvement of active police officers in kidnappings last year. His ministers have been less keen to accept evidence seemingly pointing to present-day criminal connections reaching into government house and the defence ministry. Last November, Eduardo de la Cruz, chief prosecutor of Buenos Aires province, announced that about 700 calls had been placed between telephones linked to the investigation of serious crimes and the defence ministry building, and another 3,300 such links had been found with the Casa Rosada, the presidential palace, which also houses the interior ministry, which is in overall charge of internal security.
These call logs covered a fairly lengthy period, beginning in 1997 (which means that they cover part of the Menem era and the entire de la Rúa and Duhalde presidencies). The calls are associated with the investigation into 200 criminal cases, embracing kidnappings, murders, and armed robberies.
Kirchner's first offensive
In late 2003 Kirchner ordered a two-track offensive against crime. On one hand, large numbers of police officers were redeployed on the streets, and a new ‚ anti-kidnap unit with federal reach was created, backed up by new legislation stiffening penalties for kidnapping and easing restraints on investigators. On the other, a far-reaching purge of the Buenos Aires provincial police force (the biggest in the country) led to dozens of criminal proceedings against corrupt officers. On a lesser scale, something similar began to take place within the federal police.
The new 100-strong `anti-kidnap brigade', headed by federal police commissioner Juan José Schetino, was intended to work in coordination with provincial police forces and would, according to the government, enjoy `total autonomy' to deploy anywhere in the country if the judge in charge of a kidnap case should deem it necessary.
It was noted at the time that the planned scope of action of the new unit could run into legal, even constitutional problems. At present, federal police and security forces can only be deployed outside the federal capital to deal with cases that are clearly within federal jurisdiction (border matters, interprovincial traffic) or when a provincial government requests their assistance. Unlike the US, there is in Argentina no legal provision for treating kidnappings as a specifically federal offence; they would only fall within federal jurisdiction if the victim were taken across provincial boundaries.
Within weeks officials of both the federal government and the province of Buenos Aires were proclaiming these initiatives a success, pointing to falls in such crimes as `express' kidnappings and car robberies. This is exceedingly hard to verify. Accurate, consistent statistics are scarce. The government has reported that in the Greater Buenos Aires area, which includes the federal capital and a ring of municipalities in the province of Buenos Aires, there were 207 reported kidnap cases in the first half of last year. This was said to represent 95% of the national total and 25% more than in the same period of last year. The government of Buenos Aires province said that in 2002, 135 kidnappings were reported in its jurisdictions, of which 49 were classified as long-term. Of the latter, 42 were solved.
Impact of police corruption
In December, though, a spate of kidnappings in the province of Buenos Aires was described by the government as a `message' to that state's security minister, who was stepping up his purge of police ranks. As many as 23,000 members of the force were by then under investigation for a range of irregularities, and 4,000 were facing court proceedings.
In that same month, prime minister Alberto Fernández suggested that a string of armed robberies in shops and restaurants in two districts of Buenos Aires might be `reprisals' by members of the federal police who had come under investigation. In both districts the local police commissioners had until recently served in the force's internal affairs division. Fernández's view was echoed by justice minister Béliz and internal security minister Norberto Quantín.
Béliz at the time also openly hinted at official collusion with criminals. Alluding to the district of Villa Urquiza, where neighbours took to the streets to protest an upsurge in criminal activity, he said, `There have been cases of criminal gangs that carried out hold-ups in the neighbourhood, who have been arrested only to walk free 48 hours later ― not once, but three, four or five times.'
The extent of corruption in the police forces was illustrated by an investigation last year into the personal assets of 149 officers of the 41,000-strong Buenos Aires provincial force. Two top-ranking officers, commissioners-general Julio César Frutos and Héctor Díaz (respectively chief and deputy chief of operations), were dismissed and criminal proceedings were initiated against them. More were deemed likely to follow as 24 of the officers investigated failed to explain satisfactorily the provenance of their assets ― real estate, luxury cars, yachts and hefty bank balances, all beyond the reach of their official salaries.
In the federal police its chief, commissioner Roberto Giacomino, was dismissed and charged with misuse of public funds (chiefly an alleged manipulation of a computing equipment contract so that it was awarded, at an inflated rate, to a firm owned by an in-law). Giacomino had been the only top-ranking federal police officer to escape the purge conducted by President Kirchner immediately after taking office. He had held his position since end-December 2001, when his predecessor, Ruben Santos, was removed to face charges of excessive use of force against demonstrators during the demonstrations and riots that triggered President Fernando de la Rua's resignation.
It is worth noting that prime minister Fernández sees the situation in the federal police as far less serious than that of the Buenos Aires force. `Though I have not studied the subject in detail,' he said, `I do not detect in the federal force the same levels of enrichment we have found in the Buenos Aires police.'
This panorama of corrupt police forces with friends in high places and running out of control has led to calls for the military to be called in to act against crime; a course of action which, as we have been reporting, has been tried out in several Latin American countries, so far without lasting effect. Defence minister José Pampuro has dismissed any possibility of this happening in Argentina, because `the army is barred by law from any participation in internal security.' The precedent of the disregard shown for provincial jurisdictions with the new anti-kidnap unit suggests that this obstacle, given the right amount of public pressure, might be overcome. Whether calling out the army would work is an entirely different matter.