ABSTRACT

This chapter describes the post-arrest paradigm in Argentina. The virtually unchecked power of the state, acting through the police, juxtaposed with the utter powerlessness of the suspect, is notable at this earliest stage in the criminal case. The two incidents related above occurred during two different periods of Argentine history. The first case occurred during a period of military rule; the second case occurred during civilian rule. The haunting similarity in the method of abuse in these two cases is reinforced by chilling statistics. Figures collected by leading human rights groups in Argentina reflect a continuous and disturbingly high level of police violence during successive democratically elected administrations. The law of criminal process is in and of itself a critical element in the development of the structure and political doctrine of the state. Moreover, although the system of law ought to be the antithesis of arbitrariness and terror, it is far from this in the case of Argentina.