In 2021, Judge Silvia Urioste had decided to file the case against the doctor Rodríguez de Armas, a decision that was appealed by the prosecutor specializing in Crimes Against Humanity, Ricardo Perciballe.
As a result of this, on March 11, the Court of Appeals (composed of Alberto Reyes Oehninger, Graciela Gatti and Sergio Torres) unanimously decided to revoke the original ruling, considering the arguments formulated by the Public Ministry to order the ” prosecution of the accused, but not his pre-trial detention”.
According to the opinion “it is appreciated that there are sufficient elements of conviction to legitimize that coercive act; that is to say, there is sufficient grounds, according to sound criticism, to estimate that the accused participated in the best of cases, covering up clandestine arrests and pressure, through the criminal figure that was attributed to him as co-author, for which reason the closure provided in the previous degree due to lack of merit, is the product of an erroneous evaluation of the test”.
Prosecutor Perciballe detailed at the time that the accused intervened as a doctor at the premises of the Defense Information Service (SID), and at the clandestine detention center known as “300 Carlos”, where the complainants were clandestinely detained and subjected to torture.
“Before setting up a drill and submitting them to Military Justice, measures were taken to improve their appearance, which had been badly damaged by the mistreatment and torture to which they had been exposed. The doctor who intervened giving instructions to that end and also supervised the torture sessions was a man who was identified as ‘Óscar 5’ and whose identity corresponds to Ramón María Rodríguez De Armas, a gynecologist”, indicated the Prosecutor.
Likewise, he is linked to a call made by the military to “attend a birth in the clandestine center, which they associate with the birth in captivity, of Macarena Gelman.”
Judgment
Here is the full text of the Court of Appeals ruling:
Sentence_147-2022 by LARED21 on Scribd
