Argentina is the first country in the world where the Anti-Terrorism Law was used against a journalist for informing about a police strike that took place the last year. Juan Pablo Suarez director of the digital journal Ultima Hora in the province of Santiago del Estero, Argentina was arrested without court order and maintained during 10 days in a dungeon of 2 sq meters together with other 5 people due to his coverage of the auto-billeting of the police in his province. Then he was charged with “sedition”. Five months and a half after the strike, the federal prosecutor also asked that the Anti-Terrorism Law were applied. This law doubles the prison sentence. Suarez could be up to 12 years in prison. He is charged with “inciting collective violence aggravated by the intention of terrorizing the population”.
National and international media organizations had condemned the petition of enforcement of the law against journalists. Camile Soulier of Reporters Without Borders asked herself “How can filming an arrest be construed as a terrorist activity?”. Asociación de Entidades Periodísticas Argentina (ADEPA) also informed “To attribute a journalist a criminal behavior because of his information of violent facts (…) is only conceivable in totalitarian political systems”. Inter American Press Association (IAPA) considered that the application of this law is completely excessive in Suarez´s case. That is why the above mentioned journalistic associations coincided in their press releases that this law enforcement in Suarez´s case intent to teach the journalism a lesson and become a test case. The journalist´s attorney stated that there are not legal argumentations to apply the figure of sedition and that the reasons of his indictment are political. Argentina is still suffering an inflation between 30 and 40%, restrictions to the dollar in order to avoid capital flights, Central Bank reserves are falling and the salary is reducing its purchase power.
The Anti-terrorism Law was promoted by the Financial Action Task Force on Money Laundering (FATF) to fight money laundering and the financing of terrorism. However, Supreme Court´s Judge Raul Zaffaroni underlined that this organism urged the enactment of the law to control financial movements in the country. And, the opposition parties and social organizations stated that the vague concept of “terrorist acts” used in the drawing up of the law could make possible to apply the law against social organizations, journalists, opposition parties and the media as it is effectively happening.Last year police strikes demanding higher wages were the most important in Argentina´s history. As the security forces’ demands widespread to the whole country, groups of motorcyclists were looting shops.
The use of the Anti-Terrorism Law to bring the journalist at a trial would confirm the critics that said that the law articles were against the rights to demonstrate and freedom of speech and press considering illegal every kind of action that could force the State either to execute actions or not allow it to execute them. La effect of this law with such big amplitude would be the derogation of constitutional rights.