Commissions Nazi Activities - Full Text Of The Norm

Original Language Title: COMISIONES ACTIVIDADES DEL NAZISMO - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
COMMISSIONS Decree 390/97 Consider the Commission for the Clarification of Nazism Activities in the Argentine Republic. Attributions. Integration. Bs. As., 6 /5 /97

VISTO that at the international level there have been complaints about the effects and consequences on Argentine territory of the activities of the Nazism, in particular the entry or presence of persons, property or securities confiscated to the victims of that regime and their victims, and


That the Argentine Government has repeatedly demonstrated its deep commitment to the defence and promotion of human rights, both domestically and internationally.

That the National Government has already exhibited its clear willingness to arbitrate measures leading to the clarification of the activities of the Nazi regime, such as the dictation of Decree No. 232/92, which allowed to publicize the documentation that kept the official bodies reserved, linked to Nazi activities, and of Decree No. 1290/93, which allows to make public the documentation concerning cases related to the possible commercial activities or crimes for racial or political reasons.

That the Argentine Government has arranged, at the same time, the extraditions of Joseph SCHWAMMBERGER and ERICH PRIEBKE.

That, attentive to the time elapsed from the time of the events, it is imperative to invest all possible energies in order to achieve the full clarification of these alleged illicit activities with the greatest conditions of effectiveness and impartiality.

It is necessary to give intervention to the Justice, in the event of the fact that the commission of offences following the entry and existence of property persons, or confiscated values to the victims of the said regime and its victims.

That this measure is dictated in the use of the emerging powers of article 99, paragraph 1, of the NATIONAL CONSTITUTION.



Article 1 . Trust the COMMITTEE FOR THE STRENGTHENING OF NAZISM ACTIVITIES IN THE ARGENTIN REPUBLIC. Its functions will be to investigate the activities of Nazism in the Argentine Republic during the Second World War and its consequences during the post-war period, in particular the entry and presence of persons, goods and values. Art. 2o , To perform its commission, the Commission will have full powers to:

(a) Request documents or reports from any national public or private agency and, through diplomatic channels, from foreign Governments, authorities and entities, and in particular those commissions created for the same purpose in other countries.

(b) To promote the realization of the necessary expertise or audits and to seek professional and technical testimony and advice.

Art. 3rd La The Commission will be installed and will begin to operate within the CUARENTA and CINCO (45) days of this Decree in the area of the MINISTERIO DE RELATIONS EXTERIORES, INTERNATIONAL TRADE AND CULTO, which will provide the necessary administrative and financial support. Art. 4° La The Commission will have the assistance and collaboration of the following bodies:

(a) An International Panel that will be composed of Argentine and foreign historians and personalities of recognized prestige, trajectory and ethical and moral qualities, at whose disposal the partial reports, the conclusions and results achieved by the Academic Committee will be made available, so that the Panel will give its approval if it deems appropriate.

(b) An Advisory Committee composed of representatives of relevant local and foreign institutions whose mission will be to advise the Commission on the investigations it will undertake.

(c) A Academic Committee whose members will be appointed on the basis of their high academic qualities and will be responsible for carrying out research and study tasks.

Art. 5° La The Coordinating Commission shall consist of representatives of the Ministers of Foreign Affairs, International Trade and Worship, of Justice, of the Interior, of Defence, of Economy and Public Works and Services, and of the Legal and Technical Secretary of the Presidency of the Nation and for the accomplishment of its mission shall have the operational support of the Academic Committee. Art. 6° . This Commission will be responsible for coordination and will assist in the tasks and tasks of the Academic Committee provided for in Article 4. To this end, it may request the assistance and collaboration of national, provincial, municipal, and private agencies, in accordance with the relevant agreements. Art. 7° . The Academic Committee will submit partial reports at least every THREE (3) months to the Coordinating Commission, which will make them known to the International Panel and the Advisory Committee and, at the end of its task, will draft its conclusions and recommendations. Art. 8° . In the event that the Commission has any indication of the commission of offences as a result of the investigations carried out, such a circumstance must be denounced before the Court. Art. 9° La The Commission will have a duration of UN (1) year from the date of its integration and may be exceptionally extended. (Note Infoleg: Extended until 30 June 2005 the validity of the Commission established by this Decree, by art. 1 Decree No. 276/2005B.O. 6/4/2005. Previous: Decree No. 439/2002; Decree No. 1391/2001; Decree No. 459/2001; Decree No. 475/2000.) Art. 10. . Communicate, publish, give to the National Directorate of the Official Register and archvese. . MENEM. . Jorge A. Rodriguez. Guido Di Tella. . Carlos V. Corach. . Roque B. Fernández. . Jorge Domínguez.