See the full ruling here: Rosas Juan Manuel de s / Criminal Trial (impeachment and 1 - 2 nd and 3 rd tier)
First Instance Prosecutor of First Instance View:
In his view, the prosecutor's first Doctor Emilio A. Agrelo, on September 24, 1859, using indigenous Law of Title 23, Book 8, collection Castellana and the law 11, book 32, line 3 º that impose the death penalty as a traitor who committed the crimes that have been tested Juan Manuel de Rosas, and having completed the necessary procedures by law, the prosecutor asked the defendant in absentia sentencing those laws prescribe.
First Instance Judgement in
Firstly, Judge Sixto Villegas, take note:
1 - Individuals convicted of a different order of Roses including death sentences for alleged crimes. (1 º - Condemned by time and particular case; 2 - Facing indefinite; 3 - Sentenced to death)
He asserts that: "Legal Considerations such convictions, jump from then too terrible of punishments and that laws assigned to presumed offenses. And this too much when it comes to the consummation of the murder, the judge sets even legitimate, motivated by greed or hatred observed in any of the cases described, the major responsibility and civic degradation " no exceptions to the special powers and the sum of public power in 1829 and 1835 was given by the Provincial Legislature, apparently ratified by popular vote in March 1835.
1, because that power was never legitimate source, since it was given by corporations without authority to do so, contrary and exclusive purpose of giving up the province, or by people instead of perfect freedom to the act tremendous ultimate sovereignty lay then under the pressure of military arrogance of the defendant or factious;-and
2 º For even assuming that legitimate the delegation of investment, the amount of delegated power can not matter more than the amount originally invested with the power that society-and societies that are people, especially under the democratic dogma, governments are limited and not only the general principles and requirements for common progress and order, but also primitive private law above man who has everything but not be guilty of acts or omissions prohibited and verified, to exhaust their benefit the right of self defense and not be punished as a last resort but sadly, legitimately established, and to whose perspective was guilty.
For these considerations Rose pleads guilty to the "forces", "wounds" and "homicide" order caused by the victims included in this section, and the defendant states fall within these responsibilities.
2 - For those facing the facts alleged weapons with conditional death, entrusted to subordinates, was called Juan Manuel Rosas responsible for the violence and killings in the above victims, by himself or by his order, and by the transfer of powers to commit them, guilty of "high treason", subject to the responsibilities that the "damage it comes to the earth."
3 - For the shootings in San Nicolas de los Arroyos, 1831, and Middle Creek in 1839, the following citizens, caught the provinces of Córdoba, San Luis, Salta and Santa Fe, says Juan Manuel de Rosas engaged in teaching and punishment that the law 1 st, tit. 2, book of the law P.7 1, tit. 4 lib. 48 of the Digest.
4 - For the persecution, extermination and looting of citizens classified as wild unit, said Juan Manuel de Rosas convicted of "murderer by profession and a famous thief," and fall within the penalties assigned by Acts 15 and 18 tit. 4.6 tit. 5.2 tit. 17 lib. 4 FR, 18 tit. 14, 3 tit. 28 P. 7 and Auto 3 tit. 11 lib. 8 RC
5 - Close the box Judge crimes reported to the following facts of public notoriety, and whose legal proof found in the statements and steps of the process, and public documents circulated by the official press of Roses.
1 - The barbaric tortures applied before the carnage, prisoners of Quebracho, San Cove and Rodeo del Medio, in the Retiro, holy places, military camps, etc.
2 - The mass murder of the venerable old priests Frias, etc. In 1841.
3 - On the 18 year old, Lauren Valdez, a prisoner of war and shot at the headquarters of Retirement in 1842, the child Montenegro 14, executed in San Nicolas de los Arroyos in 1831 for the crime of having accompanied his father, a prisoner sick and slaughtered there, the one Pardito 14, shot in 1840, for bringing a letter and the blind Apolinario Gaetan, run into the Retiro, in 1842, after a long imprisonment, having been accused of indifference.
4 - The sacrifice of Camila O 'Gorman, a young victim of the weaker sex.
5 - The infanticide of her son, matured to the last pluses in her womb.
6 - The mutilation of the victims, whose flayed skin, whose ears tanned, his head bloody, were used as decorations in the halls of the defendant.
7 - The desecration of the bodies, which is ridiculous for sale walking the streets of the capital, or hung-like-Dupui in algaraza wild pitches, while their heads-like-would wake Yané of derision at the foot of the monument to Liberty.
8 - The slaughter of Governors Avellaneda, Espeche and Cubas, ministers and Dulce Gonzalez, General Acha, etc. -Whose heads were placed on roads and ridicule in the public squares of Tucumán and Catamarca.
9 - The sister provinces devastated by hordes under the command of a foreign General, who turned on them the famous oath, dated April 20, 1841 to bathe in the blood of Argentines, germ unfortunate fratricidal bitterness.
10 - Humiliation of the country to the outside, where I first got carried away captive unbeaten home row. (Malvinas year 1833)
11 - Banning citizens, who through fear or corruption, forced the surrender of property, life and honor.
12 - And as if there was more to hurt the earth, the sacrilegious attack on the altars to offer public worship the picture of the criminal right next to the image of God.
He concludes his statement: "I condemn, as I, Juan Manuel de Rosas, the standard penalty of death, as Prehearing aleve;
A restitution of assets stolen from individuals and the Treasury;
To be implemented, obtained his person, the date and time which stated, in San Benito de Palermo, the last outbreak of crimes:
A compensation for damages caused by their crimes;
And pay the costs. "
further states that" as the crimes proven to make this Rose, not a political criminal, but one of those famous criminals who civilized nations do not provide asylum. That the doctrine signaled by advertisers, especially English, is the tacit and general obligation to deliver such offenders enemies of mankind, to the authorities where the crimes were committed "
Order: ofice for the corresponding obtained through the British Government, which treads ground Rosas, the delivery of it. Finishing the sentence
would elevate to the camera: "And for this my ruling, released will rise over time and in a timely manner, and I pronounce a definitive trial, command and signed in Buenos Aires on April 17 of 1800 sixty-one "
Second Instance:
View Public Prosecutor before the Superior Court in its Hall of Crime.
The prosecutor in the second instance was Dr. Pablo Cardenas who fits the crime as follows: Crimes against religion. Crimes against the public. Offences of Officials. Private crimes (against property, against the integrity of the people, against honor the life) requires the same punishment as in the first instance: Death Penalty as a traitor and does so with the following words:
"Whoever was in order, not only beyond death, "desecrating the bodies of their victims, but to the very threshold of life, to break before going to light the existence of the innocent fruit of Camila O 'Gorman. Death penalty.
So justice will be accomplished not only men but also of God on earth! "
Second Instance Judgement
composed the court of second instance, Drs Alsina, Carrasco, Font, Barros Pazos. Who, in a unanimous vote and in accordance with the above and requested by the Special Prosecutor and its foundations, the sentence is approved and consulted upon notification by the edicts of the fugitive, without prejudice to the administration of the podium, a through consultation to Civil Division, if not lodged an appeal. Third Instance
Vista Instance Fiscal Third Fiscal
again is Paul Cardenas, who played in the second instance above, and accordingly requests the approval of the ruling consulted the Chamber Criminal.
Third Instance Judgement in
The court of third instance is comprised of: Francisco de Carreras, Pica, Chambers and Cárcova. The unanimous vote also is condemned while Juan Manuel de Rosas to ordinary death penalty as a traitor, he understands that the return of the stolen property and compensation for damages, must comply with other assets held and have not been included in the distribution of the law of July 29, 1857.
