SOURCE: CNN, 8/29/03
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MADRID, Spain -- Spain has refused a judge's appeal to seek the extradition of 40 people accused of genocide and terrorism during Argentina's "dirty war," saying that any prosecutions should take place in Argentina.

Campaigning High Court Judge Baltasar Garzon had requested the extradition of the 39 former military officials and one civilian to face charges of genocide, torture and terrorism during the 1976-1983 military dictatorship in the South American nation.

Top names on the list include two former leaders of the military junta, Jorge Videla and Emilio Massera.

Deputy Prime Minister Mariano Rajoy said the government turned down the request because Argentina's Congress this month voted to repeal two laws that had shielded hundreds of military officers from prosecution for abuses during the 1976-83 dictatorship.

Under the extradition treaty between Spain and Argentina, the 40 suspects should therefore be tried in Argentina, Rajoy said after a regularly scheduled Cabinet meeting.

"When certain crimes are committed in a country and it is possible to try them, it must be done in that country. That's the principle of territoriality," Rajoy said.

Although Argentina's Congress repealed the two laws, the final word on annulling them rests with the country's Supreme Court.

Garzon had prevously sought the extradition to Spain of ex-Chilean leader General Augusto Pinochet.

Garzon had requested the extraditions earlier this month under a Spanish law that says crimes against humanity can be tried in Spain even if they were not committed here.

Garzon's laid charges against the 40 for genocide, terrorism and torture. He argues that the Argentine military junta tried to wipe out dissent and that this amounts to attempted genocide -- the systematic elimination of an entire group of people.

In filing his requests, Garzon noted the repeal of the laws in Argentina and the possibility that the suspects might be tried in their country. But he said that for the time being, it would be "imprudent" not to proceed with his case for extradition.

Official estimates say about 9,000 Argentines died or vanished during the junta years, but human rights groups say the figure could be as high as 30,000.

Copyright 2003 CNN. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. Associated Press contributed to this report.

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