Official Statement on Judge Eugenio Zaffaroni

CASE 27-2017: Inter-American Commission on Human Rights (IACHR)

Official Statement on Judge Eugenio Zaffaroni

The International Buddhist Ethics Committee, on February 15, 2018, decides to reaffirm once again that the inter-American system of justice should work better and be purified from certain elements and officials that do not comply with fundamental ethical principles, as in the case of Judge Zaffaroni.

The International Buddhist Ethics Committee impeaches Judge Zaffaroni of the Inter-American Court of Human Rights for both his background and his performance. Beyond the fact of not sharing his guaranteeism ideology, some of the reasons for the legal challenge are as follows:

1.      Judge Zaffaroni would have been an official during the last military dictatorship, which committed genocide and crimes against humanity in Argentina, from 1976-1983.

2.      Judge Zaffaroni would have rejected 127 writs of habeas corpus during the military dictatorship, despite the fact that the habeas corpus was the main resource of family members in order that the persons are released from their illegal detentions and are not unofficially executed.

3.      Judge Zaffaroni would have issued some aberrant sentences, such as the judgment where he considers that the sexual violation of a minor with the lights off reduces the weight of the crime.

4.      Judge Zaffaroni would have rented his apartments for using them as brothels.

5.      Judge Zaffaroni has stated on multiple occasions that people do not violate human rights, but only States are those that commit this kind of international crimes, which demonstrates his complete ignorance as an inter-American human rights judge.

6.      Judge Zaffaroni would have been sanctioned with the suspension of his professional license for violating regulations of the Bar Association.

7.      Judge Zaffaroni has been a strong defender of the corrupt and criminal government of former president Cristina Fernández de Kirchner, even coming to legally advice her while being the judge of the Inter-American Court on Human Rights.

The International Buddhist Ethics Committee rules that there are elements to impeach Judge Zaffaroni for the crime of Prevarication, for having ruled arbitrary resolutions and contrary to the law in his role as Argentine judge. In addition, for having systematically rejected habeas corpus during the genocidal dictatorship in Argentina, Judge Zaffaroni could become Responsible for Complicity with Crimes against Humanity, since he would have assisted the military dictatorship in the perpetration of kidnappings and extrajudicial executions. The refusal to provide writs of habeas corpus is perfectly demonstrated in the case of Alicia Lisso, as well as the case of Pablo Fernández Meijide, son of Graciela Fernández Meijide former member of the National Commission on the Disappearance of Persons (Conadep). This shows that the complaint of the lawyer Santiago Dupuy De Lome against Judge Zaffaroni for the crimes of aggravated noncompliance and noncompliance of the duties of a public official is a trifle in comparison with the criminal typology that would really correspond, which is Complicity with Crimes against Humanity, according to the legal vision of the International Buddhist Ethics Committee. For this reason, the International Buddhist Ethics Committee requests the Inter-American Court of Human Rights to immediately initiate a process to remove Judge Zaffaroni as an inter-American judge.

However, the International Buddhist Ethics Committee does not share with the Argentine government that the reason for that removal would be that Judge Zaffaroni is undemocratic because he wants the Argentine government to be replaced. The International Buddhist Ethics Committee considers the public expressions of Judge Zaffaroni, stating that he wishes the fall of the Argentine government of President Macri as soon as possible in order that they do less harm, although it would be a breach of ethics and of impartiality in the function of an inter-American judge, however, it does not constitute any type of crime, being only a political and civil expression. In this sense, the International Buddhist Ethics Committee declares as illegal the police raid on the radio where Judge Zaffaroni expressed his political opinions; also Argentina's judicial investigation of Judge Lijo against Judge Zaffaroni is declared illegal where he is being investigated for apology of crime; is declared illegal the Argentine government statements saying that Judge Zaffaroni's expressions are coup-like and antidemocratic. The International Buddhist Ethics Committee considers that the words of Judge Zaffaroni about his wish for the end of President Macri's term are totally legal, constitutional and protected by international human rights treaties. Democracy is not simply an electoral process, but it is really the expression and political participation of all citizens in the decision-making. The International Buddhist Ethics Committee believes that the Inter-American Commission on Human Rights (IACHR) should intervene in this matter in order to protect freedom of opinion, conscience and thought which is being systematically attacked by the government of President Macri.

Always with spirit of reconciliation (maitri),

Master Maitreya Samyaksambuddha

President and Spiritual Judge of the International Buddhist Ethics Committee