Case Number 10/2015: Argentine
Government
JUDGEMENT AND ETHICAL
CONCLUSION
Dear Prosecutor, Executive Secretary and Jury Members
of the International Buddhist Ethics
Committee (IBEC) & Buddhist Tribunal on Human Rights (BTHR), regarding
the case denounced by the World
Association of Buddhism (WBA) against the Government of Argentina and its
President Cristina Fernández de Kirchner, through this document, on the day
December 15, 2015,
I confirm that it is concluded the tenth case of the Buddhist Tribunal to
analyze the violation to Human Rights carried out by the Argentine government
and its responsible President.
After the enormous amount of
evidence presented and certified as valid it has proceeded with the vote of 5
Jury members, confirming that by a majority of 4-1 they sentenced the
Government of Argentina (President Cristina Fernandez de Kirchner) as "Responsible" for the grave
crimes of Crimes against Humanity, Human Rights Violations, Violation of the Rights of Tribal Peoples,
Ecocide and Corruption. Since these
actions violate the ethical precepts of Buddhism, such as the five abstentions
to harm other living beings, stealing,
inappropriate sexual behavior, lying and taking drugs, it is considered
that the Argentine government and its President Cristina Fernández de Kirchner
violated Human Rights of the entire Argentine people, using the poor in a
perverse and manipulative way to maintain an essentially authoritarian power. Despite
the fact that all governments are oppressive structures that violate the
fundamental freedoms of individuals, the case of Argentine government and its
President Cristina de Kirchner has an additional morbidity, because it has been
used the flag of the defense on Human Rights to perpetuate criminal acts,
dividing society through policies of greed, hatred and delusion, which, according
to Buddhist Ethics, are the embodiment of evil in the world.
Therefore, the Buddhist
Tribunal on Human Rights rules that the Spirituality created by Master
Siddharta Gautama, as a pathway that is genuinely defender of Human Rights,
must sentence the Argentine Government and its President Cristina Fernández de
Kirchner since they are in violation of Human Rights,
because it has even conducted Crimes Against Humanity by not only
having been covered up terrorist acts qualified as genocide but also for being
responsible for the murder and concealment of Prosecutor Nisman who had
denounced said complicity with international terrorism, reason why it is
requested the Argentine State to take appropriate measures to make Justice and
not allow these Human Rights violations remain unpunished. This request is an
understanding based on that impunity is the main evil that attempts against the
welfare of the peoples, deeply damaging the social fabric by destroying the
bonds of interexistence existing between peoples, because hope and trust in a
better world are essential to properly survive.
The Buddhist Tribunal on Human Rights formally
recognizes that the government of Argentina and its President Cristina Fernández
de Kirchner carried out crimes against
humanity, developing a populist and authoritarian system of crony capitalism which day after day
violated Human Rights under the pretext of having been electorally chosen. This
has demonstrated that this government systematically behaved as a dictatorship of the majority, leading
society to an intrinsically sickly lifestyle based on the constant negation of
reality. Faced with this fascist system that threatens harmony of the whole population,
Buddhism is positioned as a Path of Law (Dharma) which criticizes and rectifies
in order to prevent reoccurrence of such violations to Human Rights. This
involves helping future generations through the ethical guidance of present
generations. Thus, Buddhist Spirituality is a movement fighting for the Right
to the Adequate life of the entire humanity and the whole nature, so that it
also denounces that the Argentine government of President Cristina Fernández de
Kirchner has been committing grave criminal offenses as Ecocide, which not only violates the Human Right to Health but it can
be also considered a terrorist attack against Mother Earth.
The Buddhist
Tribunal on Human Rights has the spiritual commitment to lead all the
peoples to Salvation, so that its purpose (Dharma) in the world is to transmit
righteousness facing the problems that endanger world peace, social justice,
advanced education and ecological harmony. This implies to criticize
governments and corporations that violate Human Rights and Environmental
Rights, but also involves Mindfulness to the behavior of individuals, as people
must also respect and fulfill the Human and Environmental Rights. Since
compassionate wisdom (prajna-karuna) compels Buddhism, that is a Path of Love
and Justice, to denounce the evil aims of governments, companies and
individuals who covet, hate and deceive, then we exercise our ethical position
and reaffirm that the Argentine government and its President Cristina Fernández
de Kirchner have committed Lese Humanity Crimes. All movement
fighting for Good cannot omit be issued in this regard, since otherwise it
would have an indirect complicity in the violation of Human and Environmental
Rights.
Although the Buddhist
Tribunal on Human Rights does not issue any criminal or financial penalties
it undoubtedly issues ethical judgments about the Responsibility of corrupt,
criminal, delusional, oppressive and authoritarian governments that violate
Human and Environmental Rights, such as the Argentine Government of President
Cristina Fernández de Kirchner. As from the Buddhism's supreme commitment with
Detachment, Reconciliation and Truth, the Buddhist
Tribunal on Human Rights makes ethical judgments or spiritual decisions
aimed at combating evil in the world. Therefore, in the face of the Argentine
Government of President Cristina Fernández de Kirchner we sentence that they
are responsible for all charges, including charges of Lese Humanity Crimes, since the corrupt and authoritarian measures
taken by said President have derived in covering up of terrorists acts and also
in the assassination of Prosecutor Nisman, an event that has been the most
terrible event in the history of contemporary democracy in Argentina. Ergo, we
demand the Argentine State for a prompt solution of all charges in which we
found Responsibility by the government of Cristina Fernández de Kirchner that
attempts against Human Rights, especially providing a prompt solution to the
systematic violations of Justice in order to stop a terrible cycle of impunity.
Love and Justice are spiritual values intrinsic to the Path or Law (Dharma), so
that the Buddhist Tribunal on Human
Rights peacefully struggles against governmental lies that attempt to
conceal violations to Human Rights. In conclusion, the Buddhist Spirituality
concludes that in order to adequately solve the problems of the State of
Argentine Republic, governments must banish all kinds of greed, hatred and
delusion, helping the people to provide peace, social justice, education and
ecology. Despite the fact that over several years it was developed a
fundamentalism fanaticism similar to religious, all attempts by the Argentine
government of Cristina Fernández de Kirchner to deny the existence of terrible
problems such as poverty and delinquency have failed not only because these
evils cannot be hidden, but because much of society has chosen to live better,
by deciding to leave to be represented by that corrupt and authoritarian
government.
Following in the footsteps of the Master Siddhartha
Gautama, the Buddhist Tribunal on Human
Rights has proceeded against the Argentine Government and its President
Cristina Fernández de Kirchner due to a series of charges which can be
summarized as Crimes Against Humanity,
in addition to incur the international crime of Ecocide, which is clearly a full proof that such government never
believed in Human Rights, but it has used prestigious non-governmental
organizations to get ethical legitimacy and hide its flagrant levels of
corruption, inefficiency and delusions. Obviously, these crimes committed by
the Argentine government took place with the direct or indirect complicity of
countries such as Venezuela, Brazil, Bolivia and Ecuador, which endorsed much
of what happened during 12 years of Argentine government for reasons of Latin
American comradeship. But it must also be said that these Crimes Against Humanity happened with the complicit silence of the
Vatican, which has indirectly given its endorsement for probably obscure
reasons which will be promptly investigated by the Buddhist Tribunal on Human Rights.
As a way of ethical conclusion, given the unique
position of having a Republic system practically devastated and plundered by
the accused government, then the Buddhist
Tribunal on Human Rights makes a series of spiritual recommendations for
solving each of the Evidences of the Case against Argentine government of
Cristina Fernández de Kirchner.
1. Cover-up
of Terrorist Attacks: Facing
the depth of the denunciation carried out by the Prosecutor Nisman against the
Argentine Government for cover-up and alliance with international terrorism, it
is recommended the creation of a "Special Court of International
Crimes" that is composed of flawless Argentine jurists in order to analyze
the denunciation and carry out the corresponding investigation with all
resources it deserves. It is also recommended to cut trade ties with Irani
government, which has been accused of being responsible for the terrorist
attacks in Argentina, and punished it financially and even presenting the case
to the United Nations (UN) in order that the defendants face justice. 2.
2. Magnicide
and Conspiracy: Facing the
terrible event of the assassination of Prosecutor Nisman and its subsequent
government conspiracy process to cover up and not investigate this assassination,
it is recommended the Republic of Argentina considers this death as a State
Crime, performing a serious and adequate investigation which is supervised by
international Human Rights organizations in order to reach Truth and Justice.
It is also recommended to investigate the prosecutor Fein who is in charge of
the investigation for participating in the cover-up.
3. Threats: Faced with cases of threats suffered by politicians
or which are made by public officials, it is recommended the creation of a
Governmental Secretary with ministerial rank overseeing this type of such
serious crimes that affect the functioning of democratic institutions.
4. Illegal
Espionage: Faced with the use of
espionage for purposes of political, economic, ideological or cultural
persecution, both on citizens and on organizations, it is recommended that
intelligence services of the State disappear or are supervised by
Non-Governmental Organizations and activists defenders of Human Rights.
5. Persecution
to journalists and attack to freedom of expression: In face of the attacks received by independent
journalists for expressing ideas and information which are contrary to the
status quo of Power, it is recommended to create a Law that declares Journalism
as a public good, by protecting this valuable cultural practice from any
attempt of governmental Power to turn journalism into propaganda.
6. Bipolarity
and mental illness in presidency:
Faced with the seriousness that implies the possibility that a President
suffers mental illness and he or she lacks any supervision, it is recommended
the creation of a Law that establishes the obligatoriness of Mental Treatment
within the presidential medical team, by incorporating psychologists and
psychoanalysts, who shall perform weekly checks on the mental health of the President.
7. Aboriginal
exclusion: In face of the
oppression and exclusion suffered by thousands of people who are part of
aboriginal and native communities in Argentina, it is recommended that "UN
Declaration on the Rights of Indigenous Peoples" is converted into State
policy in the Argentine Republic. It is also recommended that indigenous
peoples or aboriginal communities be declared as Defenders of Nature and World
Citizens. In addition, it is required to declare the "Pilagá Slaughter"
of 1947 as acts of "Genocide", "Ethnic Cleansing" and
"Crimes against Humanity".
8. Ecocide: Facing the environmental destruction suffered in
Argentina, through deforestation, mining and pollution of air and water, it is
recommended to comply with the Human Right to a healthy environment by
prohibiting these practices that are harmful to health and the welfare of the
people. It is also recommended to endorse the "Universal Declaration of
the Rights of Mother Earth" created in Bolivia.
9. Femicide: Faced with the daily violence suffered by thousands
of women throughout Argentina, it is recommended to create an Emergency Law
against Femicide, by developing measures for the prevention and protection of
these cases of violence.
10. Human
trafficking and Sexual Exploitation: Faced with the rawness that represents human
trafficking, it is recommended banning all kinds of practices associated with
sex trade; by creating a Law that firmly punishes these practices.
11. Negation
of insecurity: Facing the
phenomenon of insecurity which is product of the enormous number of robberies
and murders that occur in Argentina, it is recommended a process of purging or
cleansing of all police forces. It is also recommended to assume the
realization that insecurity and crime are not overcome with a greater number of
policemen, since these phenomena can be overcome only if impunity and poverty
are vanished.
12. Negation
of poverty: Faced with the
scandalous number of poor people in Argentina, it is recommended to create a
"Ministry for the Fight against Poverty", which shall take care of
promoting a plan of work, education and healthcare specifically designed for
the poorest areas in the country. It is also recommended that the State of
Argentina returns the FAO Prize recently received for fighting poverty, because
this award is spurious for having been won based on falsified statistics provided
by the Argentine government.
13. Child
malnutrition and y Health care abandonment: Faced with the large number of deaths from child
malnutrition, it is recommended to create a Law that considers this death type
as "Homicide". It is also recommended as a state policy to take
responsibility for the physical and psychological well-being of every child
across the country by creating thousands of centers where free meals are
distributed and psychological and spiritual support are also provided at no
cost.
14. Religious
discrimination: Facing the
problem which implies that a particular religion enjoys additional benefits
over other religions, as is the case with Catholicism, it is recommended the
creation of a Law which derogate the Culture Secretariat under the Argentine
Ministry of Foreign Affairs, this secretariat being replaced with a "National
Register of Spiritual Entities" which commits no discrimination. It is
also recommended for ethical reasons that the Argentine government does not
hire nor officially invite international supposed "gurus" who have
court cases or have millionaire bank accounts, since they themselves are a lack
of respect to Spirituality, which is a lifestyle of Purity and Humility.
15. Abuse
of Power and Failure to comply with the duties of a public servant: Faced with the huge number of violations caused by
the government of Argentina, whose public officials have been indiscriminately
enriched through irregular mechanisms, it is recommended a Law to reformulate
the supervision of these cases, which must be in the hands of non-governmental
organizations, since government and state often lack ethics to investigate
themselves.
16. Violent
repression and police abuse: Facing
the large number of cases of violent repression by the police forces it is
recommended eliminating these forces or starting a general purge process that
provides a qualitative leap, like the implementation of a Law which forces
policemen to be graduates of university careers.
17. Tortures
and inhuman prison treatment: Facing
cases of torture and prison treatment that violate Human Rights, it is
recommended the transformation of prisons or confinement centers into advanced
rehabilitation institutes where a psychological, academic and spiritual service
are offered to criminals, even providing them the possibility to work, as long
as the criminal will be assigned additionally a monetary fine for the committed
crime, which shall be paid for the rest of his / her life.
18. Attack
on judicial Independence and Coup attempt: Faced with government attempts to violate the
independence of the judicial Power of State, it is recommended the prohibition
that judges and prosecutors analyze cases of officials belonging to the
political party they publicly support. It is also recommended to create a Law
that compels judges and prosecutors to continue their education in other academic
fields of knowledge for the rest of their lives.
19. Injustice: Facing a stream of juridical guarantees which
actually benefits the governmental impunity and corruption, it is recommended
not to lower penalties but reformulating the entire educational system, by
incorporating ethics and Spirituality with the Purpose to prevent crime rather
than not punish it. It is also recommended the implementation of "Trial by
Jury" throughout Argentina as a form of democratization of Justice, which
is already contained in the Constitution even though it was never implemented.
20. Corruption
and Impunity: Against the
disastrous level of corruption and impunity that exists in Argentina, it is
recommended to provide vast resources to the Anticorruption Office. It is also
recommended the creation of a national Law to make public officials responsible
with their own personal patrimony in the face of economic losses that occur
under their responsibility. It is further recommended that Argentina ratifies
the "United Nations Convention against Corruption" by Law.
21. Drug trafficking: Facing the great growth of drug trafficking in
Argentina, which has been developed thanks to the direct complicity of the
government, it is recommended that the Argentine State endorses the creation of
the "Latin American and Caribbean Court against organized crime
(COPLA)" which is a project created by the Argentine former deputy
Fernando Iglesias.
22. Money
laundering: Facing the
development of this illegal mechanism associated with organized crime, it is
recommended that money laundering is considered as serious as drug trafficking
itself.
23. Delegitimization
and political use of the Human Rights: Facing the huge damage made by the Argentine
government to the image of Human Rights, by using the ethical stamp of these
values to commit crimes, then it is proposed the creation of a Law that states
that Human Rights are a State Policy. It is also recommended to create a
Ministry specifically on Human Rights, which has a separate and independent
functioning from the Ministry of Justice, and that is led by representatives of
leftist parties, which are those with more knowledge about this important
matter. At the same time, it is recommended that the Argentine State maintains
genuine critical positions with respect to other countries that violate
Democracy and Human Rights, even if they were countries with which it has
important economic agreements, being able even to break such agreements when
there are flagrant violations to Human Rights.
24. Electoral fraud: Faced with cases of fraud that occur in the Argentine
fragile electoral system, it is recommended the implementation not only of the
electronic ballot but also of a system of "participatory and direct
democracy" which is based on frequent non-obligatory popular consultations
concerning governmental and legislative measures. In addition, it is
recommended the prohibition that political parties present a single candidate
during the primaries.
25. Manipulation of students, Sadomasochism and
Pornography in official public University: Faced with the political manipulation of students and
the practices of pornography and sadomasochism in Public Official Universities,
which are kept with the money of all citizens, it is recommended the creation
of a Law which strongly prohibits these immoral practices that harm the
spiritual welfare and cultural development of students while at the same time
they attempt against the international quality of the Argentine education in
the eyes of the world. It is also recommended to create a "National
Register of Non-Governmental Education" in which unofficial or non-formal
educational institutions can be incorporated, because there are many of these
institution which have much knowledge to provide, by nurturing and revitalizing
the entire educational system of the Argentine State.
26. Influence peddling and incompatible
negotiations: Faced with cases
of spurious business involving the highest spheres of governmental Power, it is
recommended the prohibition that public officials are involved in lucrative
activities while exercising the public function.
27. Negligence: Faced with cases of deaths by public transports
accidents or fires due to lack of control by state officials, it is recommended
to consider these deaths as Homicides, as they have been caused by the
inefficiency and corruption of the governmental Power.
28. Political
cronyism and slave labor: Facing
the use of the poor for political and electoral purposes, it is recommended to
consider these practices as violative of Human Rights, being capable of
operating with the full force of Law against politicians who incur this
immorality. It is also recommended that slave labor is criminally considered as
a form of kidnapping.
29. Authoritarianism: Faced with authoritarian methodologies on the part of
Presidential Power, it is recommended to limit governmental power and that it
is simultaneously supervised constantly by the legislature, by the judiciary,
by popular consultations and by journalism.
30. Fascism: Faced with cases in which a public servant of any
charge incurred in fascist speeches or ideas, it is recommended to implement
immediately the mechanism of impeachment in order to investigate in detail the
ideological vision of that official. It is also recommended to create a Law
that prohibits exerting public offices to anyone with fascist notions that
constitute an attack on Human Rights.
31. Scams:
Faced with cases in
which public officials incur scams, the adequate mechanisms for their prompt
and correct removal from office should be created.
It is known by spiritual masters that any condition of
conflict implies an opportunity for change. Thus, in understanding that the
Republic of Argentina is in a deplorable condition there is an opportunity for
its Salvation, being able to assume a refoundational process of a new Republic.
However, this event does not merely requires the intervention of new political
representatives, but rather it means assuming a Commitment to Peace, Justice,
Truth and Interexistence. This event cannot be built without the ethical legacy
of the great Free and Enlightened Beings (Arhats-Bodhisattvas) of history. It
is only in this way that it will be established the transformation that
involves the revolution of the refoundational happening of Argentina. This new
Metapolitical Path means building a social movement that overcomes all
divisions and antagonisms, by assuming the power of reconciliation as its
practice of life. It is because of the Openness (Sunyata) of Buddhism which always
embodied a revolutionary vocation that ethics can contribute to this refoundational
process, helping to constitute a new society which passes from an oppressive
reality to a liberating reality. The construction of a people that is free from
political, economic and cultural hegemony demands the inescapable presence of
detached leaders who assume the ethical legacy of Perennial Spirituality,
knowing to incarnate the force of Love and Justice to help the people in their
project of emancipation and self-determination. The ethics of Detachment will
be then the face of the future leaders, who shall know very well that the real
wealth of the people lies not in money but in the values of Liberty, Equality
and Fraternity.
Sincerely,
With a spirit of reconciliation (maitri),
Master Maitreya Samyaksambuddha
Spiritual Judge and President of International Buddhist Ethics Committee (IBEC) & Buddhist Tribunal on Human Rights (BTHR)
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