REPARATORY REGIME

Law 26.913

Former Political Prisoners of the Argentine Republic. Pensions.

Sanctioned: November 27, 2013

Promulgated: December 16, 2013


Reparatory Regime for Former Political Prisoners of the Argentine Republic

ARTICLE 1 —Please note that an ex gratia pension is available for persons up to 10 December 1983 who meet any of the following requirements:

(a) To have been deprived of their liberty as civilians and/or soldiers convicted by a War Council, made available to the National Executive, and/or deprived of their liberty as a result of the actions of the Armed Forces, Security Forces or any other group, due to political, group or student causes. They will be unquestionably beneficiaries of the proven situation, who have been attained by laws 25,914 and 24,043, their extensions and supplements;

(b) To have been deprived of his liberty as civilians and/or military for acts emanating from special military units or tribunals or war councils, there has been or has not been a conviction in this jurisdiction, under the validity of the National Security Doctrine;

(c) To have been deprived of his liberty by civil courts, pursuant to the application of Act No. 20,840/74 and/or article 210 bis and/or 213 bis of the Criminal Code and/or any other law, decree or resolution of that kind, having been detained under the “special detentions” regime, which violates constitutionally protected human rights.

ARTICLE 2° — The ex gratia pension established in the present regime is of an independent nature of any other remedy which may arise, for any person covered by the object of this law, without prejudice to the compensation to any person concerned, for moral damage, physical and/or psychological damage as a result of institutionalized torture and the prolonged detention and detention to which he has been subjected.

Persons who are beneficiaries of a national, provincial or municipal benefit of the same nature and emanated from the same situations shall not be covered, and the right to opt for such or other pension is at their discretion.

ARTICLE 3° — In the event of the death of the beneficiary, the beneficiaries shall be entitled to the benefit in the following order:

(a) Conyuge supérstite o concubina que taste la coexistence de acuerdo a la normativa predictal vigente;

(b) Minor children at the time of death and until their majority;

(c) Disabled children for work, while incapacity lasts.

ARTICLE 4° — The application of the present regime, by contributing from the national State to the reparation of crimes against humanity, is protected by the imprescriptibility of such crimes, thus determining the absence of temporary deadlines for filing the rights granted by the regime.

ARTICLE 5° — The benefit established by this law shall be equal to the monthly remuneration assigned to Category D Level 0 (zero), Permanent Untrace Plant—General Grouping—of the Scaffolding for the staff of the National Public Employment System—SINEP—as established by the implementing authority.

ARTICLE 6° — The Human Rights Secretariat of the Ministry of Justice and Human Rights of the Nation will be the implementing body of the present regime, and will be responsible for the articulation with the areas of the government involved in this law, with the coordination, dissemination, advice of the beneficiaries and the design and implementation of a systematic and rigorous plan to monitor their implementation and to dictate the clear and complementary rules that are necessary in order to comply with the law.

ARTICLE 7° — The funds necessary to implement this regime will be provided by the National Treasure.

ARTICLE 8° — Contact the national executive branch.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, THE VEINTISIETE DAY OF THE YEAR DOS MIL TRECE.


LOVE BOUDOU. - JULIAN A. DOMINGUEZ. — Juan H. Estrada. - Gervasio Bozzano.