presentation
On November 18, 2010 was presented to the Faculty of Law at the University of Buenos Aires the doctoral thesis of Dr. Daniel Rafecas . The thesis was published by Puerto Publishers under the title Torture and other illegal practices detainees with Foreword by Prof. Dr. David Baigún . The presentation was conducted by Drs. Anitua Ignacio, Luis Child and David Baigún .
First Anitua gave a detailed description of the contents of the work, with particular emphasis on interdisciplinary framework used by the author to tackle such a complex issue like torture, both from a universal perspective , regional and, in particular, the Argentine context.
Dr. Anitua pondered the historical and sociological sources on which derives the thesis research, as well as la rigurosidad —propia de la buena dogmática penal— para abordar todas las cuestiones jurídico-penales relacionada con los delitos de torturas, apremios ilegales, vejaciones y detenciones ilegales analizados a partir del tercer capítulo del libro. Concluyó su exposición destacando la verificación de las hipótesis de trabajo de la tesis. Finalmente, destacó de manera especial el hecho de que la obra de Rafecas ya ha dejado de pertenecerle, ha pasado a integrar el saber de las disciplinas penales, y como tal, se ha transformado en una herramienta intelectual generadora de debates, discusiones y críticas sobre las complejas cuestiones tratadas.
Dr. Child then intervened. Your comment did not point to the work but the author's intellectual growth. He recalled the first steps taken by Dr. Rafecas , many years to accept an invitation to participate in a collective work on "Crimes against freedom", a company that was successfully completed with the publication seven years ago in a book with that title, under the direction of Stella Maris Martínez and panelist.
Child highlighted the development as evidenced by the author from then until the crystallization of this work, especially on the issue of torture, for which it was clear how Dr. Rafecas had capitalized on the experience and contact investigations for crimes against humanity committed during the military dictatorship, which dealt with by the Court federal office, and which is reflected in the content and development of the thesis.
Finally, there was the intervention of Dr. David Baigún , who was both director of the thesis and foreword of the book presented in the act. Baigún surprised the audience and the rest of the panel, warning that his intervention would not be addressed to comment on this book, on whose merits and importance had already exposed the two lawyers who preceded him in word, but it was his intention to stop at the figure of the author. Tutu told Baigún Rafecas know since he was a young student of the race, who later, as a graduate, joined the teaching profession and was for some years in his chair, and from then on was always in contact with him under intense academic activities of both. Throughout this time, pondered Baigún , Daniel Rafecas has been an example of intellectual integrity and courage, as a teacher and a judge. The author emphasized his keen perception to foreshadow the advent of historic change, a perception that has enabled it to be at the forefront of these changes and showing the way, especially the younger generation.
To close the ceremony, the author of the work, Dr. Daniel Rafecas , began by thanking the words and concepts expressed by the panelists, and the public to be present at the event. He stressed that two were the objectives with this book, first, the plane must be that this thesis research and their conclusions constitute a contribution to the Argentine penal sciences in their different areas, especially in the study that was carried out in these types of crimes from the perspective of three basic constitutional guarantees criminal (law, harmfulness, guilt), and second, now at the level of be , the author expressed his hope that the work in question becomes a working tool for the criminal justice system, so that contributes to a bigger and better selection of these crimes - which in all cases are serious effects on basic human rights of freedom, dignity and in many cases, life-by law enforcement agencies, and thus, that will be reducing the exercise more brutal underground punitive power that unfortunately still persists in many areas, including policing and incarceration, the length and breadth of the country. In this sense, concluded Dr. Rafecas , discounted the encouragement and support of all present, colleagues and friends, to achieve these objectives, so dear to the consolidation of our democratic system.
Comments received by the author
Dear
Daniel:
just received your excellent book of torture that goes far beyond what has already sent me on an earlier version. We see that you have worked conscientiously and you know the theme to perfection, both in its legal aspects, as in others that directly affects this issue. Congratulations. Thanks also for the reference to your stay in Seville. A hug
Paco (Prof. Francisco Muñoz Conde )
16/11/2010
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Dear Daniel:
Congratulations for having produced a work that takes over a subject as vital as its title suggests. Surely be a tremendous asset to clarify, to help awareness, and also to provide a theoretical basis for those we walk the same path of struggle.
A big hug to my great appreciation and all my affection. Hugo
Canyon
15/11/2010
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Daniel:
These days I went to Cariló and yesterday I finished reading the book. I found it very good, especially the part that talks about the differences between torture and coercion and / or harassment, as well as the characteristics of the latter. Glad you have a specific book on this kind of crime! Unfortunately, and the role I play in the process touches, I am aware that they will go along way to the prosecutors and complainants. The issue of commission by omission, the position of guarantor of command responsibility, etc., A position very respectable, as is the opposite, that held by Zaffaroni and Silvestroni . Of course, I'll have to rely on these authors and not both of you, ha ha.
Beyond the seriousness of the book, appointments, decisions, doctrines and depth approached, I noticed something I think is very important: their reading fluency and ease of development issues.
I tell you one instance: we were on the beach before yesterday, and I see my old man begins to read your book (a doctor). After a while, I see you still with the book. I thought: what you read if you will not understand anything or worse, then I will to 20 questions on the subject. At night, me and says: "Very interesting that book, especially when talking about the difference between torture and coercion." And we started talking about it a few minutes.
Bottom line: I think a great achievement to make a book that can be understood or comprehended by anyone. Above all, it seems perfect to develop ideas and thoughts clearly and concisely, without many words or phrases sophisticated, often, they say nothing.
you a hug and again, congratulations.
Mariano (anonymous reader)
