Operacion Independencia can't just consist of a roundup of political prisoners, because the army can't risk the lives of its men and lay its prestige on the line simply to act as a kind of police force that ends up by turning over X-number of political prisoners to some timorous judge... who will apply lenient punishment which in turn will be cancelled out by amnesties granted by ambitious politicians courting popularity.
[4]Justice Minister Ricardo Gil Lavedra, who formed part of the 1985 tribunal judging the military crimes committed during the Dirty War would later go on record saying that "I sincerely believe that the majority of the victims of the illegal repression were guerrilla militants".
After the dictatorship ended in 1983, Menéndez (as a top officer) fell outside the purview of the Ley de Obediencia Debida ("Law of Due Obedience") and was accused of nearly 800 crimes.
[8] In a televised address to the nation, Menem said, "I have signed the decrees so we may begin to rebuild the country in peace, in liberty and in justice ... We come from long and cruel confrontations.
Menéndez was involved in the forced disappearance of several Italian citizens, and was indicted in Spain, from where judge Baltasar Garzón asked the Argentine authorities for his arrest.
In 1998 a case involving 30 summary executions and murders of political prisoners was reopened against Menéndez, who was detained for a few days and refused to give a statement; he was later set free again.
[citation needed] The laws that had stopped the prosecution of crimes committed during the dictatorship (passed during the first years of democracy) were voided by the Argentine Supreme Court in June 2005[11] and repealed by Congress in 2006, and Menem's pardons were rescinded shortly afterwards.
[16] On 4 July 2014 Menéndez and Luis Estrella were found guilty of ordering the murder of Enrique Angelelli, bishop of La Rioja, Argentina, in August 1976.