Ricardo Miguel Cavallo is a retired
Argentine
Argentines, Argentinians or Argentineans are people from Argentina. This connection may be residential, legal, historical, or cultural. For most Argentines, several (or all) of these connections exist and are collectively the source of their ...
naval lieutenant commander. Under the name Miguel Angel Cavallo, he served as an officer of the
National Reorganization Process
The National Reorganization Process ( PRN; often simply , "the Process") was the military dictatorship that ruled Argentina from 1976 to 1983. In Argentina it is often known simply as the ("last military junta"), ("last military dictatorship") ...
(''El Proceso''), which ruled
Argentina
Argentina, officially the Argentine Republic, is a country in the southern half of South America. It covers an area of , making it the List of South American countries by area, second-largest country in South America after Brazil, the fourt ...
from 1976 to 1983. On the basis of his
activities in secret
G-322 operations, he was later charged with kidnapping, torture, and/or murder, of hundreds of political dissidents.
He left the country after retiring from the Navy. After living for decades in Mexico, Cavallo was arrested, extradited to Spain in 2003, and indicted there under the principle of
universal jurisdiction
Universal jurisdiction is a legal principle that allows Sovereign state, states or International organization, international organizations to prosecute individuals for serious crimes, such as genocide, War crime, war crimes, and crimes against hu ...
, on charges of
genocide
Genocide is violence that targets individuals because of their membership of a group and aims at the destruction of a people. Raphael Lemkin, who first coined the term, defined genocide as "the destruction of a nation or of an ethnic group" by ...
and
terrorism
Terrorism, in its broadest sense, is the use of violence against non-combatants to achieve political or ideological aims. The term is used in this regard primarily to refer to intentional violence during peacetime or in the context of war aga ...
. This was the first time that a person had been extradited from one country to another, for
human rights
Human rights are universally recognized Morality, moral principles or Social norm, norms that establish standards of human behavior and are often protected by both Municipal law, national and international laws. These rights are considered ...
crimes committed in a third one. After changes in Argentina, and renewal of prosecution of his case there, Cavallo was extradited in early 2008 to his homeland, tried and convicted there, in 2011, of numerous crimes, and sentenced to life in prison.
Background
Ricardo Miguel Cavallo was a career naval officer at the time the
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 ...
was established in 1976, following a ''
coup d'etat'' in Argentina. He was alleged to have served the junta by participating directly in its
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 ...
against political opponents, dissidents, and activists. He served with the G322 secret operations.
During those years of state-directed terrorism, an estimated 15,000 people were
disappeared and many others were kidnapped and interrogated under torture. After retiring from the Navy with the rank of lieutenant commander,
Cavallo made his way to Mexico.
He was later accused of "kidnapping, torturing and murdering hundreds of people," and to have committed crimes against civilians during the junta's "
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 ...
". He disputes these claims, and has said the allegations are a case of mistaken identity.
Cavallo was indicted in
Spain
Spain, or the Kingdom of Spain, is a country in Southern Europe, Southern and Western Europe with territories in North Africa. Featuring the Punta de Tarifa, southernmost point of continental Europe, it is the largest country in Southern Eur ...
in September 2000, in affirmation of the principle of
universal jurisdiction
Universal jurisdiction is a legal principle that allows Sovereign state, states or International organization, international organizations to prosecute individuals for serious crimes, such as genocide, War crime, war crimes, and crimes against hu ...
, by judge
Baltasar Garzon, who had been conducting ongoing investigations into human rights abuses under South American military dictatorships.
Since Cavallo was living in
Mexico
Mexico, officially the United Mexican States, is a country in North America. It is the northernmost country in Latin America, and borders the United States to the north, and Guatemala and Belize to the southeast; while having maritime boundar ...
at the time, Spain requested his
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 ...
. A Mexican court reviewed the case and recommended in January 2001 that he be extradited, and
Foreign Secretary,
Jorge G. Castañeda agreed, marking a significant change in Mexico's extradition policy. Cavallo appealed the decision, which led to a lengthy series of court cases. In June 2003 the
Supreme Court of Mexico ruled that he could be extradited on charges of
genocide
Genocide is violence that targets individuals because of their membership of a group and aims at the destruction of a people. Raphael Lemkin, who first coined the term, defined genocide as "the destruction of a nation or of an ethnic group" by ...
and
terrorism
Terrorism, in its broadest sense, is the use of violence against non-combatants to achieve political or ideological aims. The term is used in this regard primarily to refer to intentional violence during peacetime or in the context of war aga ...
, but not on charges of
torture
Torture is the deliberate infliction of severe pain or suffering on a person for reasons including corporal punishment, punishment, forced confession, extracting a confession, interrogational torture, interrogation for information, or intimid ...
, for which a lower court had ruled the
statute of limitations
A statute of limitations, known in civil law systems as a prescriptive period, is a law passed by a legislative body to set the maximum time after an event within which legal proceedings may be initiated. ("Time for commencing proceedings") In ...
had expired.
He was extradited later that month, marking the first time that a country had extradited an individual to another country for human rights crimes allegedly committed in a third. As Cavallo awaited trial in Spain, Argentina in 2003 repealed, and in 2005 its Supreme Court declared unconstitutional, the ''
Ley de Punto Final
Ley may refer to:
Toponyms
* Ley (landform), name for a crag, rock or cliff in the north German language area
* Ley (crater), crater on the Moon
* Ley, Moselle, commune in France
* Ley Hill, hill in England
People
* Ley Matampi (born 19 ...
'' and ''
Ley de Obediencia Debida'', two laws of 1985-1986 that had previously given
immunity
Immunity may refer to:
Medicine
* Immunity (medical), resistance of an organism to infection or disease
* ''Immunity'' (journal), a scientific journal published by Cell Press
Biology
* Immune system
Engineering
* Radiofrequence immunity ...
to individuals alleged to have committed crimes during the "Dirty War". As a result, the
National Court of Spain
The Audiencia Nacional (; ) is a high court in Spain with jurisdiction over all of the Spanish territory. It is specialised in certain kinds of crime, having original jurisdiction over major crimes such as those committed against the Crown and i ...
in December 2006 declared that since Cavallo could be tried in Argentine courts, which had priority, the Spanish courts lacked jurisdiction.
Cavallo was briefly released from jail when an extradition request from Argentina failed to arrive within the required 40 days, but was rearrested a day later after a request was faxed. The
Spanish Supreme Court
The Supreme Court ('', TS'') is the highest court in the Kingdom of Spain. The court has original jurisdiction over cases against high-ranking officials of the Kingdom and over cases regarding the legalization of political parties. It also has u ...
reversed the lower court decision in July 2007, ruling that Cavallo should stand trial in Madrid, because the case against him in Spanish courts was more advanced than that in Argentina.
In February 2008 the Spanish government granted Argentina's extradition request, and Cavallo was sent back to Argentina the next month. He was convicted at trial; the verdict was upheld through appeals, and he was sentenced to life imprisonment by the Argentine Supreme Court on October 26, 2011.
["Quién es cada uno de los 18 juzgados" (Who are the 18 cases?)](_blank)
''Clarin'', 26 October 2011
In 1985, France awarded him the
Ordre national du Mérite
The (; ) is a French order of merit with membership awarded by the President of the French Republic, founded on 3 December 1963 by President Charles de Gaulle. The reason for the order's establishment was twofold: to replace the large number of ...
, a French
order of merit
The Order of Merit () is an order of merit for the Commonwealth realms, recognising distinguished service in the armed forces, science, art, literature, or the promotion of culture. Established in 1902 by Edward VII, admission into the order r ...
, not knowing his role in tortures and killing. This distinction was withdrawn in 2020.
References
{{DEFAULTSORT:Cavallo, Ricardo
Operatives of the Dirty War
Living people
Year of birth missing (living people)
Argentine people imprisoned abroad
People extradited to Spain
Foreign nationals imprisoned in Spain
People extradited from Mexico
People extradited to Argentina
People extradited from Spain
Prisoners sentenced to life imprisonment by Argentina
Argentine prisoners sentenced to life imprisonment
Argentine mass murderers