Buenos Aires, December 2, 2015
Mr. Prosecutor of the First Instance
in the Felony, Misdemeanors
and Offences Court Nº 25,
Dr. Sebastián Rusconi
S_______ / ________D
I write to you as President of the Peace and Justice Foundation (SERPAJ), organism dedicated to the promotion and defence of human rights, consultant in the United Nations (ECOSOC), permanent member of UNESCO and as Nobel Peace Prize Winner (1980), together with Dr. Mariana A. Katz’s legal counsel, licence Tº 110 Fº 503 CACF, with legal domicile in Piedras 730, Buenos Aires City, to express our concern about the situation of Mr. Carlos Aznarez in the investigation that is currently being developed in file named “Judicial Diligencies”, bundle 65716, Summary 17/15.
This procedure has begun due to a denounce carried out by the legal representatives of the Argentine Delegation of Israeli Associations (DAIA), who consider that Mr. Aznarez has committed the crime of discrimination in a demonstration carried out on August 27, 2014.
It is in this context that we are worried about the actions of the Public Prosecutor’s Office of the City of Buenos Aires, which is now lending itself for denouncers to incur in abuses of power. This Ministry, which incarnates the State’s punitive system, should carry out its intended purpose in a manner that protects the rule of law. This includes respect for human rights, which are in our Magna Carta through the International Instruments in the Constitutional Bloc, and included in the Legal Due Process.
In page 44 of the summary against Mr. Aznarez, the Division Unit of Investigation of Discriminatory Behaviors of the Argentine Federal Police has informed that ‘In attention to the international issues referenced to in the video, and because of strong discrepancies that could exist between the expressions that vulnerate the law and presentations, analyses or points of view of speakers, this Unit can not make a value judgement on the existence of behaviors that violate the norm required in the judicial office that the parties are carrying out…”. Signed Commissary Daniel Pérez, Chief of the Investigation Unit of Discriminatory Behaviors.
Another aspect that we find worrisome is that the person under investigation is a renowned journalist, which in the denounce is accused of discriminating because he spoke in a public act against the power that the State of Israel exercises against the Palestinian People. We believe that, in reality, the objective of the denounce is to silence the voices and the freedom of speech of those who repudiate the actions of a State that intends to make another State disappear, through a fallacy that equates the State of Israel to the Jewish Community in Argentina, which is inacceptable, because the State is different from the collectivity of Argentine citizens that belong to the Jewish community.
At the same time, we believe that it is a very serious problem that this process continues its way, because freedom of speech and of expression are being violated. The Inter American Court of Human Rights has also declared in its Opinion OC-5/85 that “freedom of speech is a cornerstone in the very same existence of a democratic society”, and, according to the procedure we are referring to, the goal is to impute an alleged crime on a person that manifested against the actions that the State of Israel is carrying out against the Palestinian People.
Therefore, we ask you to analyze the facts of the procedure and act upon the archive, because if not, the rights of Mr. Carlos Aznarez would be violated, as previously stated.
Best regards of Peace and Good,
Adolfo Pérez Esquivel
President, Peace and Justice Foundation (SERPAJ)
Dr. Mariana Katz
Tº 110 Fº 503 CACF