PRESS
Bergesio The judge ordered a measure of illegal evidence
In the case in which it is investigated whether Noble Felipe Herrera Marcela and are children of the disappeared during the military dictatorship, the federal judge in San Isidro Conrado Bergesio just have a test as illegal, in breach the provisions of the law of the National Genetic Data Bank and ignoring the overwhelming decision of the Court of Appeals of San Martín issued less than a week.
As was reported to the Grandmothers of Plaza de Mayo yesterday at 13, Bergesio decided that Marcela and Noble Felipe Herrera were presented today at 7:30 in the Forensic Department, to conduct a DNA sampling for crossover in this organization with only two families.
The measure had been requested in 2003 by Herrera de Noble defense lawyers and Marcela and Philip Noble, who refuse to perform DNA studies with other families in the BNDG. In this way, it attempts to get a negative result and close the case. After objections from families complainants, that measure was endorsed by the National Chamber of Criminal Appeal against what had been resolved in other similar cases.
But after that ruling of the National Chamber of Criminal Appeal, the National Congress passed Law 26548, regulatory of the National Genetic Data Bank. This law expressly provides that when investigating whether a person is the daughter of missing DNA analysis must be made within BNDG because this organism has the genetic samples from families of missing Studied directly. In contrast, the Forensic Department, which recently was operated by the Supreme Court of Justice of the Nation-derived serious internal irregularities such studies private laboratories.
Similarly, on 22 December last, the Second Division of the San Martín Federal Court ordered that DNA samples taken immediately in order to make "matches required", ie their intersection with all households in the BNDG procedure. In that ruling, the decision expressly referred to "Prieto" of the Supreme Court of the Nation of Aug. 11, indicating that the refusal to be analyzed is practically a raid to obtain DNA from personal items. Unjustified warning delays in the handling of the case, the House strongly criticized the performance of Bergesio, whom he accused of "caught in action inconclusive."
Ignoring the guidelines set by the highest court, takes an illegal Bergesio notoriously inefficient, which only further delay the discovery of truth, prolonging the suffering of victims . This action constitutes a grave breach of its obligations as a judge and therefore demands the immediate intervention of the Judicial Council of the Nation.
Grandmothers of Plaza de Mayo reports that this measure will not condone illegal evidence or to make exceptions to the law, and, through appropriate legal remedies to ensure that once and for all carry out an effective and independent investigation.
Buenos Aires, December 29, 2009.
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Grandmothers of Plaza de Mayo
Tel / Fax:
(011) 4384-0983 
E-mail: difusion@abuelas.org.ar
www. abuelas.org.ar
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