Dubois Tortureconstructionenemy 1990
Dubois Tortureconstructionenemy 1990
Dubois Tortureconstructionenemy 1990
1976-1983
Author(s): Lindsay DuBois
Source: Dialectical Anthropology , 1990, Vol. 15, No. 4 (1990), pp. 317-328
Published by: Springer
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Anthropology
Lindsay DuBois
hundred witnesses testified on 709 cases This fact meets with outrage from
chosen by the public prosecutor, and for human rights groups and the families of
five months Argentines watched as the victims, but others seem satisfied to close
details of the 'secret war' unfolded before the book on a troubling episode in recent
them, receiving extended daily press national history.
coverage (and, bizarrely, silent television Democracy brought much discussion
coverage). Two commanders received life of Argentinian state terrorism. Most of
sentences, three received sentences this centered on bringing the actual
varying from four and a half to fourteen events to light, hence the very high sales
years, and four were acquitted. Mean? of Nunca Mas, which documents the type
while, hundreds of other military men and extent of the state repression in gory
were tried and convicted of human rights and convincing detail;18 the daily
abuses. coverage of testimony at the
More recently, three military up? commanders' trial; special weekly
risings demanding concessions from civil newspapers devoted to the trial (El
authorities successfully used widespread Diario del Juicio); and so on. The
fear of a coup to limit the judicial process questions that do not seem to have been
and to protect members of the military; asked as often are the more difficult
the "punto final" (final stop?stipulating ones: questions about how state
a deadline for the introduction of new terrorism was possible, about why so
cases) and "obediencia debida" (due many people did not act although
obedience) legislation are the tangible everyone knew, about the complicity of
results. The rebels did not simply many Argentines. It is not hard to
demand a limit to prosecution; rather understand why these questions have
they sought, and continue to seek, gone unasked?they seem to implicate
"revindication"?they are trying to almost all Argentine society. But these
rewrite the history of the "dirty war." incidents are not so very unusual; they
The profound economic crisis of the do not stand alone in time and space, as
last years and the consequent defeat of an individual skeleton (or even thirty
Alfonsin have further shifted public thousand skeletons) in Argentina's
attention from issues of human rights. closet; thus itemizing the horrors is not
President Carlos Menem, a Peronist, sufficient. The same kind of events have
seeks "reconciliation" between the happened elsewhere before, happen
military and civil society and is using today, and will continue to happen.
widespread pardons ("indultos") to enlist Therefore these more difficult questions
the support of the armed forces.16 As I remain the important ones.
write, a second indulto covering the Upon reading documents like Nunca
ramaining ex-commanders and the Mas it becomes painfully clear that the
Montenero leader is anticipated, to mark abductions, torture, ana murders were
a break from the past ("el punto de not merely information gathering "tools."
inflexion"). The current Vice-President A policeman who worked at one of the
Duhalde says: "We must think about the hundreds of secret detention centers was
human rights of the living, not of the asked by a judge at the commanders'
dead."17 trial whether torture was practiced at his
The prosecution of military officers center. He responded:
for murder, torture, kidnapping, and
other crimes committed during El What happened was a total aberration, it
Proceso is over, and many of those who makes you sick just to think of the tortures I
were convicted have recently gone free. saw. Everyone who came in was tortured,
not just for days but for months, every form A specific interpretation of history was
of torture: they hit them, they burnt them, both an expression of, and a justification
they raped them, especially the women but for, the ideological stance that lay behind
also the men, they beat them with chains.19 El Proceso. The trial was part of a
struggle to define truth. Each of the
Given this sort of unremitting use of positions (the government's, the
torture?typical of all the detention military's, and the human rights groups')
centers?and also given the fact that on the the violence of the state and on
tens of thousands of people with the trial is tied to a specific historical
absolutely no connection to violent understanding and interpretation of the
resistance were abducted and interred in events of El Proceso.
these detention centers (many never to The most striking aspect of the defense
return home), one cannot help but argument was that it refused to acknow?
believe that other issues were at stake. ledge that any unjustifiable crimes had
The expressed goals of El Proceso are occurred.22 The argument was quite odd
insufficient to explain its practice. because it contained three contradictory
Neither will a notion of sadism suffice. positions representing various levels of
For here we would be talking not about a argument and fall-back positions. First,
few sadists, but rather about the creation the defense denied that any disappear?
of corps of sadists, and an extensive ances had taken place. Second, it
apparatus designed to exercise this assserted that, had any disappearances
sadism on tens of thousands of people. occurred, the iunta had not ordered
This is clearly a social, not a merely a them. And third, the defense argued that
psychological, aberration. any crimes which had been committed
A few sources deal with the ideology were, in fact, just the exercise of the
of those who were involved in the "anti armed forces' legal duty. Here they cited
subversive" campaign. One of the Isabel Peron's legal command to the
domains in which the ideology of the military to "annihilate" terrorism, and
military is most explicitly expressed is the anti-subversion campaign was
the trials themselves. Mark Osiel's portrayed as fulfilling that command.23
article on the impact of ideas and The defense asserted that the war
interests on the legal strategies of the against terrorism was a just war,
groups involved in the trial of the ex necessary in order to save the country
commanders is useful to this end.20 He from chaos. Similarly, the armed forces
argues that the courtroom drama was argued that it had been "fighting" in self
less about the guilt or innocence of the del fense. The statement of Admiral
accused than about the writing of Massera?head of the Navy from 1976 to
history. The ex-commanders refused to 1979, one of the two defendents who
compromise in any way because they felt received life sentences for multiple
the definition of their past was on trial. counts of murder, torture, rape,
kidnapping, and theft?is truly
What was felt to be at stake at the trial was remarkable for the degree to which he
not so much the fate of the defendants, but sees himself engaged in a just, although
the fate of deeply-felt notions of historical thoroughly ideological, war. He begins:
truth and falsehood, good and evil. The most
narrow judicial disputes . . . evoked and I have not come to defend myself. No one has
symbolized a more general dispute over the to defend himself for winning a just war.
kind of society Argentina was, or should And the war against terrorism was a just
become.21 war. Nevertheless, I am here being
prosecuted because we won that just war. If to more overtly political ones. Christian
we had lost we would not be here civilization had had to be preserved against
But here we are. Because we won the war those who, under the banner of tolerance,
of arms but lost the psychological war .... had tolerated only the questioning of
[Our fixation on the war of arms] kept us authority, sacred and secular. The
from seeing clearly the exceptional propa? permissive culture of the universities, in
gandists resources of the enemy and, while which all ideas were treated seriously no
we fought, an effective system of persuasion matter how lunatic, had been the natural
began to cast sinister shadows on our breeding ground of terrorists, middle class
reality, transforming it until it converted intellectuals all. The terrorists had simply
assailants into those assaulted, victimizers carried the cultural subversiveness of the
into victims, executioners into innocents liberal universities to its logical conclusion.
When the enemy realized that it had begun It would have been useless to kill only the
to lose the war of arms, it mounted a insects that had already hatched, while still
spectacular defense movement, unobjection? more germinated freely in the nest. The
able, on the sacred theme of human rights. I military had therefore been justified in
have very good reason to know that this was killing those who, though not yet guerrillas,
a psychological war, devoid of good had displayed the sympathies for social
intentions.. change that would sooner or later inexorably
lead them to become ones. This was a view
Thus it is clear that Massera sees the stemming from national security doctrine, to
enemy he "confronted in battle" (in the which many officers still privately
shadows of the clandestine detention subscribed, but which they learned to
center) as the same enemy he faces in express publicly only with much greater
court, and the same enemy that accuses reticence after the democratic transition.27
him of grave human rights abuses.
As Massera's statement shows, the It is important to note that these
military conceived of the "dirty war" as a arguments were expressed after the fact.
legitimate civil war One may want to ask, then, whether they
certain set of values. For example, the represent retrospective justification for
defense insisted that the ex-commanders what would be considered excesses by
should be judged under the rules of war, any definition, or were, in fact, a cause of
rather than under civilian laws.25 This these excesses.
view of recent history was also reflected Although the military was generally
in the military's definitions of the extent careful about destroying documentation
and strength of the enemy, which before they returned the government to
differed markedly from those of the civilian hands, a few historical
government, human rights organiza? documents indicate, if somewhat
tions, and others. While the human obliquely, that the repression was seen
rights groups insisted that the guerillas in these terms. One example is the
had numbered no more than two "Directive 504 of the general command of
hundred, the military leadership the army," signed by General Videla in
maintained that the figure was thirty 1977. Here, although Videla says that
thousand.1* Osiel summarizes the two years into "the Process of National
ideological perspective of the military, Reorganization" the "National Strategy
saying: of Countersubversion" has successfully
eliminated 90 percent of the "opponent,"
From these legal arguments the officers he lays out plans for continuing the
proceeded beyond the walls of the courtroom, campaign in a way that seems to
being realized every day in the functioning Dr. Noberto Liwsky, another former
hierarchy of a political organization in whose "disappeared," describes the many horrifying
framework it would have been very tortures exercised on him and then continues:
"unrealistic" to question it.35
The most vivid and terrifying memory I have
This is an important point. The of all that time was of always living with
power to enforce a definition of reality is death. I felt it was impossible to think. I
a key characteristic of domination. In the desperately tried to summon up a thought in
torture chamber this domination is order to convince myself I wasn't dead. That
almost complete; the last line of I wasn't mad. At the same time I wished
resistance is a refusal to let the with all my heart that they would kill me as
torturer/jailor determine the prisoner's soon as possible.
reality. One of the most commonly There was a constant struggle in my mind.
described characteristics of this kind of On the one hand: "I must remain lucid and
internment is the feeling that the get my ideas straight again"; on the other:
warden and the prison constitute the "Let them finish me off once and for all."38
prisoner's universe, becoming his or her
entire reality. In her book on her The actual experiences of ex
imprisonment in "Escualita" (the little
school) concentration camp in Bahia Erisoners
iwsky seem like Portnoy,
to point Fernandez, and
to an important
Bianca, Alicia Portnoy describes the connection between the constraints on
minutae that were the moments of ideas and thought that are part of
relative liberty essential to political imprisonment and the physical
survival?like the posession of an empty constraints of being jailed and tortured.
matchbox, the gift of a piece of bread, or If the trial was a moment in a struggle
a few words exchanged with a fellow over the definition and enforcement of a
prisoner.36 Although this seems almost particular "truth," it is only one such
ridiculous in the face of the kind of moment (although an especially well
physical and psychological torture that defined and recorded one) in the ongoing
all prisoners experienced, these tiny struggle to create and define Argentine
expressions of identity and humanity social, political, and historical reality.
were the weapons people used to defend This battle was also fought in the
themselves against the pressure of being clandestine detention centers. Here we
remade by their captors. Daniel Eduardo begin to approach Michel Foucault's idea
Fernandez, an ex-prisoner who was of the dialectic relation between violence
eighteen and a secondary school student and ideology.
when abducted, testifies: Foucault's Discipline and Punish
addresses the problem of the meaning of
The idea was to leave the victim without any violence in terms of a "political economy
kind of psychological resistance, until he was of the body."39 Penal torture, he argues,
at the mercy of the interrogator, and thus "is a differentiated production of pain, an
obtain any answer the latter wanted, how? organized ritual of the marking of
ever absurd. If they wanted you to reply that victims and the expression of the power
you had seen San Martin on horseback the that punishes .... In the "excesses" of
previous day, they succeeded. And then they torture, a whole economy of power is
would tell us we were liars, until you really invested."40 This explanation makes
felt it was true, and then they carried on sense in terms of the Argentine material.
with the torture .. 37
It begins to explain the "excesses" in
Notes
1. This work was revised while I was in 11. Timerman suggests that the military
Buenos Aires with the generous support waited to take control for as long as it did
of Sigma-Xi, The Scientific Research for this very reason; Ibid., pp. 45-46. Also
Foundation Grant-in-aid of Research, the there seems to be a consensus that
Social Sciences and Humanities Research widespread public support for the coup
Council of Canada Doctoral Fellowship, was based on the hope that the military
and the Wenner-Gren Foundation Pre would bring the return of law and
doctoral Grant. Also, thanks to Anne order?see, for example, Robert Cox,
Meneley and Nancy Powers for comments "Never Again?" Index on Censorship.
on earlier drafts of this paper. 15:3 (1986), pp. 7-9.
2. Lee Drummond, "Jonestown: A Study in 12. Ibid, p. 8.
Ethnographic Discourse." Semiotica. 46 13. The official body count of the Report of
(1983), pp. 167-209. the Argentine National Commission on
3. Ibid., p. 172. the Disappeared (CONADEP) 1986, op.
4. Argentine National Commission on the cit, was 8,960 people "disappeared"
Disappeared (CONADEP), Nunca Mas. between March 1976 and 1982. Most
Trans. Writers and Scholars observers believe that the actual number
International. (New York: Farrar Strauss of deaths is significantly higher: some
Giroux in association with Index on Argentines are believed to be unwilling to
Censorship, 1986 [1984 in Spanish]). report the disappearance of their
5. Amnesty International, Torture: Report of relatives for fear of reprisals, and the
Amnesty International. (London: Amnesty CONADEP figure is based on a list of
International Publications: 1984). specific documented cases. The most
6. Michel Foucault, Discipline and Punish: important Argentine human rights
The Birth of the Prison. Trans. Alan groups estimate 30,000, Amnesty
Sheridan. (New York: Vintage Books, International estimates 20,000 while
1979 [1975]) p. 28. other observers propose 12,000 as a more
7. See J. Villareal, "Los hilos sociales del accurate estimate: Peter Ranis, 'The
poder." In Jozani, Paz and Villareal, Dilemmas of Democratization in
Crisis de la dictadura Argentina. (Buenos Argentina," Current History. (January
Aires: Siglo XXI, 1984). 1986), p. 30. Colm Toibin, "Reign of
8. Steven Gregory and Daniel Timerman Terror," The New Statesman. 7/26 (1985)
argue a related although different point p. 26. Mark Osiel, 'The Making of
in their article, "Rituals of the Modern Human Rights Policy in Argentina: the
State: The Case of Torture in Argentina," Impact of Ideas and Interests on a Legal
Dialectical Anthropology 11:1 (1986) p. Conflict," Journal of Latin American
67. Studies. 18 (1986) p. 145, footnote 23.
9. In the last fifty years, eleven presidents 14. CONADEP 1986, op. cit. It is important
have been forcibly removed from office. to note that a large faction of the most
10. See Jacobo Timerman, Prisoner Without famous Argentine human rights group,
a Name, Cell Without a Number. Trans. Las Madres de Plaza de Mayo, refuse to
Toby Talbot. (New York: Vintage Books, make this equation between disappear?
1981 [1980]) p. 13. ances and deaths. They await a full
public confession from the guilty parties.
men, rebels from the uprisings, and persuasi?n comenz? a arrojar las sombras mis
former Monteneros Qeftist Peronist siniestras sobre nuestra realidad hasta transformarla,
guerrillas) simultaneously. Like the call al punto de oonvertir en agresores a los agrcdidos, en
for reconciliation, these acts are based on victimarios a las vfctimas, en verdugos a los
the theory of "the two demons" which inocentes.(...)
portrays the dirty war as a civil war "Cuando el enimigo se dio cuenta de que empezaba
rather than military repression. a perder la guerra de las annas mont? un espectacular
17. "Duhalde insin?a la amnistfa en remplazo del indulto," movimiento de amparo, inobjetable, del segrado tema
Clarin, July 8, 1990. p. 6., my translation. The de los dcrcchos humanos. Yo tenfa muy buenas
original says: "Tenemos que pensar en los derechos razones infonnativas para saber que se trataba se una
humanos de los vivos, y no de los muertos." guerra pcicol?gica totalmente disprovista de buenos
18. Nunca M?s, meaning "never again," is sentimientos_" (my translation).
the report of CONADEP 1986, op. cit., 25. Osiel 1986, op. cit., pp. 169-72. At the
sold almost 300,000 copies in Argentina, time, their had been hopes that the junta
flyleaf. might officially declare war, so that
19. Armando Lucini cited in Toibin 1985, op. international rules of war might be
cit, p. 27. invoked, Ibid, 172, note 76.
20. Osiel 1986, op. cit. In addition to 26. Note here the coincidence between this
surveying testimony and other figure and the estimate of the number of
documents, Osiel personally interviewed "disappeared" cited by the human rights
a number of representatives of the groups.
various ideological camps. For a study of 27. Ibid., pp. 172-3. These arguments have
the trials as judicial ritual see Ester since been elaborated and more publicly
Kaufman, Un ritual juridico: El juicio a articulated by the rebels who conducted
los ex'commandantes (Master's thesis, uprisings during the Alfonsin
FLACSO, Buenos Aires, 1987). government.
21. Ibid., p. 177. 28. "La orden secreta de Videla: Directiva
22. Ibid., p. 171. 504 del comando en jefe del ejercito," El
23. There is a certain irony here, since the Diairo del Juicio 1:28 (1985 [1977]) p.
President whose orders they went to such 530. The original Spanish says:
lengths to cary out was the same "Incrementar la acci?n militar de apoyo a
President they felt compelled to remove la normalization de los ?mbitos
from office. industrial, educacional, religioso y
24. Emilio Eduardo Massera, "Carezco de territorial o barrial, como forma de
future Mi futuro es una celda," prevenir y neutralizar cualquier intento
statement in the trial of the ex de infiltraci?n, captaci?n o activaci?n de
commanders recorded in El Diario del las masas que pueda interferir la marcha
Juicio. 1:20 (1985) October 8, 1985. In the de Proceso de Reorganizaci?n Nacional..."
original Spanish, the statement reads: (my translation).
"No he venido a defenderme. Nadie tiene que 29. Timerman 1981, op. cit., p. 96.
defenderse por haber ganado una guerra justa. Sin 30. Osiel 1986, op. cit., p. 163, note 64.
embargo, yo estoy aquf procesado porque ganamos 31. CONADEP 1986, op. cit., pp. 67-72.
esa guerra justa. Si la hubieramos perdido no 32. Ibid., pp. 166-8.
estarfamos aquf_ 33. Hannah Arendt, The Origins of
"Pero aquf estamos. Porque ganamos la guerra de las Totalitarianism. (New York: Harcourt
armas y perdimos la guerra psicologica . . . . Ese Brace Jovanovich, 1951). p. 362.
ensimismamiento nos impidi? ver con claridad los