Montoneros 1975

Revolutionary Justice for Fernando Haymal

Source: Montoneros, Documentos internos, resoluciones, comunicados y actas de guerra. Cuadernos de la memoria, elortiba.org;
Translated: for marxists.org by Mitchell Abidor and Johanna Fiorucci;
CopyLeft: Creative Commons (Attribute & ShareAlike) marxists.org 2008.

From: Regional Council
To: Officials and Candidates
Date: September 3, 1975
Subject: Resolution

Given the situation of this Region since the last repressive coup, and seeing the general conditions under which the organization must develop its practice, the Regional leadership, in agreement with the respective leaderships of the columns, has carried out summary justice in absentia against Fernando Haymal, accepting as testimony the events that have occurred, a written confession by the same, and testimonies written by compañeros currently in prison who are at the root of the declarations of the accused.

The decision to carry out summary justice in absentia is based on the technical difficulties for the organization in having the same appear for judgment, and because clear and definitive conclusions can be drawn from the facts and testimonies concerning the types of crimes committed by the accused.

1. Charges

Fernando Haymal is accused in the following charges of treason and informing:

1. Having given information about the house in which a compañero from the organization lives.
2. Having given information about the location of a house where a depot was being constructed, which the accused participated in. For reasons of security we will not give information on what section of the organization functioned in this locale.
3. Having caused the detention of ten compañeros because of his informing.
4. Having caused the death of compañero Martin Osatinsky by his informing.
5. Having caused the loss of various of the organization’s materiel by his informing, like money, arms, munitions, explosives, houses, cars, propaganda, etc.
6. Having forced several comrades to gain the underground because of his informing.
7. Having caused an enemy politico-military victory for the enemy through his informing.

2. Attenuating elements:

1. Having made his declarations in a political milieu
2. That there were 96 hours between the last time the accused had participated in a control and the moment in which the declarations were made.

3. Aggravating elements:

1. Being aware of the importance of the information handed over to the enemy, it is now known that the house he gave away was one where a compañero lives and where they were also known to hold meetings. He also knew perfectly well which organizational groups worked in this locale, what was being done at that moment, and also which compañeros were meeting at that place.
2. Having held a meeting of his group shortly before his capture where the possibility of their capture was discussed.
3. Not having hidden his information even 24 hours, since according to his own testimony he was detained Tuesday August 5 at 11:00 pm and the police had already searched one of the houses he gave away at 10:00 pm Wednesday.

4. Considerations:

The Revolutionary Tribunal considers the acts in the seven charges against the accused certain and proven, which is derived from the acts as they occurred, the testimony of the compañeros detained as a result of these acts, and the written testimony of the accused himself. With respect to the attenuating elements offered by the accused, this tribunal considers them invalid.

For these reasons, plus those previously enumerated, this tribunal considers that the accused Fernando Haymal committed the crimes of informing and treason, and he is to be executed at a place and time to be determined.

5. Conclusion

This tribunal, conscious of the responsibility and gravity of issuing such a sentence to sanction crimes of this type, declares that it considers it a grave error of ideological liberalism not to have carried it out in cases that had previously presented themselves.

Despite being conscious that the process of construction of the organization is determinant of the types of resolutions that can be taken against its members, it affirms that whatever the phase of development of the organization it is valid and necessary to severely combat all those elements that conspire against its construction and existence, since this also means conspiring against the development of the revolutionary process in our country. Which is to say that this dissolvent conduct is objectively similar to that carried out by the enemy with the goal of aborting the process of liberation.

One final observation: In all this process there is one original fact, and that is that this is the first time that the enemy has liberated a prisoner who had made compromising declarations. We don’t know the reasons for this; it is possible that the enemy wanted to use him in another way. This is something that should be taken into account in analyzing in the future the methods of the repressive forces.

Cordoba, August 26, 1975

On this day and date, at 6:00 pm, Fernando Haymal, alias Valdez, was located. He was taken into a car and executed in the act, carrying out the sentence dictated by the revolutionary tribunal on August 26, 1975.

Cordoba, September 2, 1975

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