Trials into crimes against humanity press on amid political tensions

By JAMES GRAINGER

@JAMESGRAINGER0

As Argentina prepares to mark the 50th anniversary of the 1976-1983 military dictatorship, investigations and trials probing crimes against humanity continue to advance – despite the shifting political landscape under President Javier Milei.

According to the most recent report from the Office of the Prosecutor for Crimes Against Humanity (Procuraduría de Crímenes contra la Humanidad), released in December 2025, 1,208 people have been convicted since trials were reopened in 2006. A further 247 have been acquitted across 357 rulings. However, with hundreds of investigations still ongoing, the path to justice for victims and their families remains long and fraught.

The report highlights that frustrating pace. With 706 ongoing investigations involving 3,875 individuals, 1,565 suspects are facing proceedings while at liberty, and 515 are in detention, most under house arrest. Another 33 are fugitives, and 1,762 have died, with 1,252 passing before receiving a judgment. As the years pass, there is a growing risk that some accused will die before they can face justice.

In 2025, 19 judgments were delivered, with 60 individuals receiving their first rulings: nine were convicted (down from 16 in 2024), and 51 acquitted. The statistic was largely influenced by two high-profile cases: in Mar del Plata, the “La Huerta” trial resulted in eight convictions and 27 acquittals, while in Rosario, the “Pellegrini” case led to 17 acquittals. 

As of December 1, 2025, 349 investigations are still awaiting judgment, with 12 trials currently underway (five fewer than in December 2024) and 61 cases without a set trial date. Hundreds of individuals are still under investigation, including 316 formally charged, 176 facing insufficient evidence for prosecution, and 102 whose cases have been dismissed.

Since taking office in December 2023, President Milei has criticised Argentina’s approach to human rights, particularly challenging state policies on memory, truth, and justice. His government has questioned the figure of 30,000 disappeared, alleging it was inflated by human rights groups and the previous Kirchner administrations.

The stance has sparked a backlash from human rights activists and legal experts, who warn that it undermines judicial independence and distorts history by equating the military regime’s crimes with leftist guerrilla violence.

Milei has removed several officials from key positions in the human rights and justice sectors, while also reducing funding and support for human rights bodies and NGOs as part of broader government spending cuts. Critics argue that these moves risk slowing down ongoing trials and further delaying justice for the victims of the dictatorship and their families.

Crimes of sexual violence have emerged as a prominent feature of recent trials. Since 2006, 59 rulings have involved sexual violence offences, affecting 264 victims (224 women and 40 men). Prosecutors now treat these crimes as a core part of crimes against humanity. Of those convicted, 170 individuals (around 12 percent) have been sentenced for sexual violence, while 35 have been acquitted. This shift has been hailed as an important step in acknowledging the full scope of the dictatorship’s abuses.

Despite these developments, the judicial process remains sluggish. Over half of all rulings are still under appeal and some experts fear that political influence could extend into these legal proceedings. 

On average, it takes six years and two months from a case being sent to trial to a final ruling, and another four years and two months for the Supreme Court to issue a definitive judgment. So far, 146 judgments have reached finality, while 183 remain under appeal for at least one defendant. 

In addition to the ongoing cases, detention conditions remain a major concern. While most detainees are under house arrest, 62 individuals are held at the notorious Campo de Mayo military garrison, a facility controlled by the Army during the dictatorship. The prosecutor’s office notes that the facility differs from other prisons due to its historical role in state terrorism, making it a symbol of the ongoing struggle to sever ties with the military’s influence over justice.

A report from the Office of the Prosecutor also notes that this facility differs from other detention centres in Argentina, with its location and management being crucial to understanding the military’s ongoing influence over judicial processes. Rights groups have criticised the use of Campo de Mayo, denouncing it as a ‘VIP’ prison for those accused or convicted of crimes against humanity.

Recent reporting by Página/12 alleges the increasing involvement of Lieutenant General Carlos Presti, Argentina’s Defence Ministry, in efforts to undermine ongoing trials for crimes against humanity. Guillermo Madero, Presti’s chief-of-staff, has been vocal in criticising the trials, arguing that they are politically motivated and should not take precedence over current issues such as drug-trafficking and corruption. 

Provocative statements on social media echo the wider governmental narrative portraying these trials as part of an ideological agenda rather than a quest for justice. Madero has also made controversial visits to detention centres housing former military officers, echoing previous trips made by ruling party lawmakers to prisoners convicted of crimes against humanity. 

In 2024, several NGOs went to court to block the Milei administration from dismantling a special investigative unit that probed the archives of the Armed Forces for data to assist prosecutions.

The specialised Office of the Prosecutor for Crimes Against Humanity, part of the Public Prosecutor’s Office (Ministerio Público Fiscal, MPF), is headed by prosecutor María Ángeles Ramos. 

She has not publicly commented on the state of investigations but a meeting of prosecutors in 2024 said the legal effort against abuses remains active and unfinished. “The process of prosecution is not close to being concluded – quite the opposite,” said Ramos in comments reported by fiscales.gob.ar.