Case Number 10/2015: Argentine Government
JUDGMENT 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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”.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
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)
 Updated on February 17, 2017