HUMAN RIGHTS ROUNDUP - FEBRUARY-MARCH 1979


HUMAN RIGHTS ROUNDUP - FEBRUARY-MARCH 1979

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AMEMBASSY ASUNCION

AMEMBASSY BRASILIA

USMISSION GENEVA

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US. DEFT. OF STATE, A/RPS/IPS

Margaret P. Grafeld, Director

( )Release (XBxdse ( )Denjr

Exemptionfe): ' & \ _ ______________

Declassify:^ In Part () In Rill

ty Classify asC( )Extendas_ ()Downgrade*>_.

* テつォ_3fl!jI&L Declassify on_________XeasoaJSOfi

Date

SECTION 1 OF 5 BUENOS AIRES 25 01

E.O. 12065 RDS-4 3-27-99 (CASTRO, RAUL H) OR-M

TAGS SHUM, AR

SUBJECT (U) HUMAN RIGHTS ROUNDUP - FEBRUARY-MARCH 197 9

REF: BUENOS AIRES 1189

1. VI ABDUCTIONS BEING HALTED--

A. REPORTS OF ABDUCTIONS RECEIVED BY HUMAN RIGHTS

ORGANIZATIONS AND THIS EMBASSY SHOW A SHARP DROP IN 1979.

OUR FILES LIST NINE DISAPPEARANCES IN JANUARY, NONE IN

FEBRUARY (SEE BA 24 90 PARA 4) AND A POSSIBLE THREE IN MARCH

(SEE AMBASSADOR'S REPORT OF

HIS MARCH 28 TALK WITH GENERAL VIOLA REGARDING THESE

THREE DISAPPEARANCES WHICH VIOLA IS INVESTIGATING (SEE ALSO

FINAL PARA.)

THIS TREND OF THE DATA ON DISAPPEARANCES TENDS TO CONFIRM

NUMEROUS REPORTS. REACHING ALL ELEMENTS OF THE EMBASSY

TO THE AFFECT THAT THE GOA HAS ORDERED A HALT TO

EXIEA^LEGAL_ABDUCTION OF SUSPECTED SUBVERSIVES AND HAS

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DISBANDED MANY COUNTER-SUBVERSIVE SQUADS.
SENIOR MILITARY AND PRESIDENCIA SOURCES STATE THAT
OPERATIONS AGAINST SUBVERSIVES HENCEFORTH WILL BE CARRIED
OUT THROUGH NORMAL POLICE PROCEDURES. JUNTA MEMBER
GENERAL VIOLA HAS STRESSED THIS POINT SEVERAL TIMES IN
RECENT MEETINGS WITH AMBASSADOR CASTRO. BRIG. GENERAL
LEPORI, AN ARMY COMMANDER IN MENDOZA, RECENTLY CONFIRMED
TO THE DAO HE HAD RECEIVED INSTRUCTIONS THAT ALL DETENTIONS
WERE TO BE MADE LEGALLY AND THAT HE WAS STRICTLY FOLLOWING
THESE ORDERS. AN ARMY MAJOR IN THE PRESIDENCIA TOLD
THE ASSISTANT ARMY ATTACHE THAT BOTH THE PRESIDENCIA AND
ARMY HEADQUARTERS HAD ISSUED INSTRUCTIONS TO ALL SECURITY
FORCE COMMANDERS TO INSURE THAT NOFURTHER ILLEGAL
OPERATIONS TOOK PLACE WITHIN THEIR ZONES OF RESPONSIBILITY.

B. GOA PREPARATIONS FOR IAHCR VISIT--

A GOVERNMENTAL TASK FORCE HEADED BY THE MINISTRY OF
INTERIOR IS REPORTED TO BE ACTIVELY PREPARING FOR THE
MAY 28-JUNE 9 VISIT OF THE INTER-AMERICAN COMMISSION
ON HUMAN RIGHTS (IACHR). IN ADDITION TO PRODUCING A
THICK BRIEFING BOOK ON THE VISIT, GOVERNMENTAL AND OTHER
SOURCES INDICATETHAT THE DECLINE IN DISAPPEARANCES AND
OTHER ACTIVITIES REPORTED BELOW ARE RELATED IN SOME
DEGREE TO THE IMMINENCE OF THE COMMISSION'S VISIT.

C. PRISON CONDUCT STANDARDS--

SENIOR MINISTRY OF INTERIOR (MININT) OFFICIAL HAS
TOLD THE EMBASSY THAT THE PRESIDENTIAL DECREE ESTABLISH-
ING UNIFORM RULES OF CONDUCT AND TREATMENT FOR ALL
ARGENTINE PRISONERS IS BEING TYPED IN FINAL AND IS
EXPECTED TO BE ISSUED BY THE PRESIDENT IN THE FIRST
WEEK OF APRIL. THIS DECREE REPORTEDLY WILL ESTABLISH
FOR THE FIRST TIME WRITTEN RULES OF CONDUCT AND NORMS

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FOR THE TREATMENT OF ALL ARGENTINE PRISONERS
CRIMINAL AND POLITICAL.

BOTH

D. REMOVALS FROM PEN STATUS--

THE MINISTRY OF INTERIOR'S EFFORT TO REDUCE THE NUMBER
OF PERSONS BEING HELD BY THE PODER EJECUTIVO NACIONAL
(PEN) PRESIDENTIAL DECREES IS CONTINUING. SINCE THE
BEGINNING OF 1979 THROUGH MARCH 25, ACCORDING TO THE

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PRESS, 2 08 PERSONS HAVE HAD THEIR PEN STATUS REMOVED

AND ONLY 24 NEW CASES HAVE BEEN ADDED TO THE PEN ROLLS.

BY EMBASSY COUNT THE TOTAL NUMBER OF PERSONS PRESENTLY PUBLICLY

RECORDED UNDER PEN IS 2,689. MININT INTERNAL SECURITY DIRECTOR

SAN ROMAN TOLD THE EMBASSY THIS WEEK THAT HE HOPED

THAT BY THE END OF MAY THE PEN PRISONER POPULATION

WOULD BE IN THE NEIGHBORHOOD OF 1,800 PERSONS. SAN

ROMAN SAID HIS EARLIER GOAL OF LESS THAN 1,000 PEN

PRISONERS PRIOR TO IACHR VISIT HOES NOT NOW SEEM

POSSIBLE DUE TO "PROBLEMS WITH THE ARMED FORCES."

ACCORDING TO SAN ROMAN, MININT OFFICIALS ARE

CONSULTING THE JUDICIARY REGARDING EACH INDICTED

PEN PRISONER TO VERIFY THAT THE SUPERVISING JUDGE

WILL NOT RELEASE THE "DANGEROUS PRISONER" IF HIS

OR HER PEN STATUS IS REMOVED. AS SOON AS THE MINISTRY

RECEIVES ASSURANCES, THE,PEN DECREE IS REMOVED,

AND THE PRISONER REMAINS DETAINED DURING SUBSEQUENT

JUDICIAL PROCEEDINGS.

MINIT AND FOWG SOURCES HAVE TOLD US THAT SPECIAL

ATTENTION IS BEING FOCUSED ON THOSE PERSONS HELD HUNDER THE

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AMEMBASSY BRASILIA

E7SMISSION GENEVA

AMEMBASSY MONTEVIDEO

ftMEMBASSY SANTIAGO

SECTION 2 OF 5 BUENOS AIRES 2501
PEN SINCE 1974 OR 1975. MANY OF THESE PERSONS HAVE COMPLETED
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THEIR CRIMINAL SENTENCES AND CONTINUE TO BE HELD ONLY UNDER

THE PEN. ACCORDING TO SAN ROMAN, THE MININT WISHES

TO RELEASE TOSE CASES WHICH THEY CONSIDERED TO BE

"SMALLFRY" (PEREJIL). (COMMENT: PRESUMABLY THOSE

WHO ARE CONSIDERED IN THE "MORE DANGEROUS" CATEGORY

WILL CIMPLY REMAIN UNDER PEN.)

THIS MAY NOW BE EASIER AS THE PRESIDENTIAL ADVISORY

PANEL, CREATED BY THE RIGHT OF OPTION LAW, HAS ADOPTED

ACCORDING TO MININT SOURCE NEW WORKING PROCEDURES ELIMINATING

THE VETO POWER OF

THE ARRESTING AGENCY OVER THE RELEASE OR OPTION OF

PEN PRISONERS. PRIOR TO 1979, THE APPROVAL OF THE

ORIGINAL ARRESTING AGENCY WAS NEEDED FOR ANY REMOVAL

OF PEN STATUS. THE RATIONALE OF THE ARRESTING AGENCY

FOR CONTINUING THE PEN DETENTION WAS NEVER QUESTIONED

OR REVIEWED. HOWEVER, ACCORDING TO THE MININT UNDER

THE NEW 1979 GUIDELINES, THE PRESIDENTIAL ADVISORY

COMMISSION MAY NOW OVERRULE THE ARRESTING AGENCY'S

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DECISION NOT TO RELEASE A PRISONER IF IT FINDS THE

ARRESTING AGENCY'S JUSTIFICATION INSUFFICIENT.

ANOTHER STEP TO REDUCE THE NUMBER OF PEN DETAINEES,

ACCORDING TO SAN ROMAN, IS TO PLACE NEW SUBVERSIVE

:ASES FOR PROCESSING DIRECTLY UNDER THE JURISDICTION OF THE MILI

TARY OR CIVIL CRIMINAL COURT SYSTEM, INSTEAD OF PLACING

THEM AUTOMATICALLY UNDER THE PEN.

I. REPORTED CLOSURES OF DETENTION FACILITIES--

EUMAN RIGHTS AND RELEASED DETAINEE SOURCES HAVE

!NDICATED THAT A NUMBER OF WELL KNOWN DETENTION

'ACILITIES HAVE BEEN CLOSED. IN SOME CASES, THIS

LAS BEEN CONFIRMED BY GOVERNMENT SOURCES. AMONG THOSE

'ACILITIES REPORTED CLOSED ARE THE NAVY MECHANICS

CHOOL, THE CAMPO DE MAYO, THE BRIDGE NO 12 FACILITY

N THE TABLADA ARMY GARRISON, LA PERLA ESTANCIA OUTSIDE

テつヲF CORDOBA, LA ARANA ESTANCIA OUTSIDE OF LA PLATA

MIXED REPORTS), THE VACILITY AT THE FAMAILLA ARMY

ASE IN TUCUMAN. THE EMBASSY HAS BEEN TOLD BY A

OWG SOURCE THAT ARRANGEMENTS CAN BE MADE FOR

ACHR COMMISSIONERS TO VISIT ANY PLACE IN ARGENTINA

URING THEIR VISIT AND THEY WILL BE ENCOURAGED TO

ISIT THE NAVY MECHANICS SCHOOL AND THE ARMY'S CAMPO

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DE MAYO.

F. PRISON REORGANIZATION--

ON APRIL 20 THE GOA EXPECTS TO INAUGURATE THE NEW
CASEROS MODEL PRION IN BUENOS AIRES. THE MINISTRY OF
INTERIOR PLANS TO TRANSFER 490 PEN PRISONERS FROM
SIERRA CHICA, 220 PEN PRISONERS FROM RESISTENCIA, AND
OVER 300 PEN PRISONERS FROM CORONDA TO THE NEW BUENOS
AIRES FACILITY BY MID-MAY. THESE MOVES WILL COMPLETE
THOSE PRISON CHANGES POSSIBLE BEFORE THE ARRIVAL OF

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THE COMMISSION IN THE GOVERNMENT'S PLANNED PRISON
REORGANIZATION. SEVERAL HUNDRED PEN PRISONERS HAVE
ALREADY BEEN MOVED TO LA PLATA FROM PRISONS IN THE
III CORPS AREA AND FROM SMALL PROVINCIAL JAILS.
PEN PRISONERS WILL BE CONCENTRATED IN THE VILLA DEVOTO
(WOMEN -- SLATED FOR CLOSING AS PEN HOLDING FACILITY).
("VERY DANGEROUS MEN"), LA PLATA AND CASEROS PRISONS.
THREE PRISONS -- CORONDA, SIERRA CHICA AND RESISTENCIA
-- WHICH ARE REGARDED BY THE IRC AND HUMAN RIGHTS
ORGANIZATIONS AS THE WORST OF THE ARGENTINE PRISONS --
WILL NO LONGER BE USED FOR PEN PRISONERS.

RAWSON

2. ^g HRO PREPRATIONS FOR IACHR VISIT--

ARGENTINE PERMANENT ASSEMBLY FOR HUMAN RIGHTS

VICE PRESIDENT EMILIO MIGNONE

SPENT A WEEK IN LATE FEBRUARY IN WASHINGTON

WORKING WITH THE IACHR STAFF PREPARING FOR THE

COMMISSION'S SITE VISIT. MIGNONE INFORMED THE

EMBASSY THAT DR. EDGARDO PAZ BARNICA, A HUNDURAN

3TAFF LAWYER, HAS BEEN APPOINTED TO PREPARE THE

COMMISSION'S REPORT. MIGNONE SAID THAT HE SPENT

3IX FULL DAYS WORKING WITH DR PAZ BARNICA PROVIDING

IHE COMMISSION DETAILED INFORMATION REGARDING THE

ARGENTINE LEGAL SYSTEM AND THE OPERATIONS OF THE GOA'S

\NTI-SUBVERSIVE FORCES. ACCORDING TO MIGNONE, THE

:OMMISSION HAS A DETAILED OUTLINE OF ITS REPORT IN

IAND AND IS NOW FOCUSING ON THOSE AREAS WHICH THE

SITE VISIT CAN BE USED TO SUPPLY INFORMATION FOR

THE REPORT.

^HE IACHR IS RECEIVING NUMEROUS DOCUMENTS

REGARDING DISAPPEARANCES SENT BY FAMILIES AND GROUPS

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WHO WANT TO INSURE THAT THEIR COMPLAINTS -- DATING
FROM EARLY IN THIS MILITARY GOVERNMENT TO THE
PRESENT -- ARE ALSO REGISTERED IN THAT FORUM.
MIGNONE SAID THAT THE COMMISSION HAD OVER 1,500
CASES REGISTERED WHEN HE WAS IN WASHINGTON IN LATE

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FEBRUARY AND WAS RECEIVING 5 0 TO 60 LETTERS DAILY.

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USMISSION GENEVA

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AMEMBASSY SANTIAGO

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^ LATER REPORT FROM A BUENOS AIRES HERALD WASHINGTON
JTRINGER REPORTED THAT THE COMMISSION HAD OVER 2,500
ZASES AND WAS NO RECEIVING 80 LETTERS A DAY. ACCORDING
CO PERMANENT ASSEMBLY SOURCES, THE INTER-AMERICAN
IUMAN RIGHTS COMMISSION IS ESPECAILLY INTERESTED IN
EELP FROM ARGENTINE HRO'S IN IDENTIFYING DIS-
APPEARANCE CASES IN WHICH THERE IS SUBSTANTIAL EVIDENCE
)F THE INVOLVEMENT OF GOVERNMENT SECURITY FORCES. THE
1SSEMBLY HAS CREATED A SMALL TASK GROUP HEADED BY

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DR. CONTE-MACDONALD TO IDENTIFY AND DOCUMENT THESE
HARD EVIDENCE CASES FOR THE COMMISSION.

3. (U) JUDICIAL ACTIVITY--

SUPREME COURT INITIATIVES--

A NUMBER OF DECISION HAVE BEEN HANDED DOWN BY

THE SUPREME COURT AND THE FEDERAL CRIMINAL APPEALS

COURT RELATED TO HUMAN RIGHTS QUESTIONS SINCE

DECEMBER, 1978. THE SUPREME COURT'S MARCH 20

DECISION FORCING THE ARMY FIRST CORPS TO RETURN

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JUDICIAL CUSTODY ARMY NCO BERRUETA WHO WAS UNDER
CIVIL PREVENTIVE DETENTION FOR BRANDISHING A PISTOL
DURING A TRAFFIC DISPUTE AND BERREUTA'S SUVSEQUENT
RETURN BY THE ARMY TO CIVILIAN JUDICIAL AUTHORITY
CAPTURED WIDE ATTENTION IN THE PRESS. (SEE BUENOS
AIRES 2244 AND PRVIOUS)

ALSO RECEIVING WIDE PRESS ATTENTIONWAS THE FEBRU-
ARY 27 ORDER OF THE SUPREME COURT FOR A THOROUGH
JUDICIAL INVESTIGATION OF THE DISAPPEARANCE OF
ALFREDO ANTONI GIORGI (EMBASSY CASE NO 681/78/12).
IN THIS CASE THE HIGH COURT CRITICIZED A FEDERAL
DISTRICT JUDGE'S FAILURE TO PROCESS THE ORIGINAL GIORGI
HABEAS CORPUS PETITION FOR THE INSUFFICIENT
REASON THAT HIS XEROX MACHINE WAS NOT WORKING. THE COURT
ORDERED THAT JUDGE BE SLECTED BY LOT

FO CONDUCT A THOROUGH INVESTIGATION OF THE DISAPPEAR-
ANCE. THESE TWO CASES HAVE BEEN WIDELY PO-INTED TO IN THE
PRESS AND BY GOA OFFICIALS AS DEMONSTRATING THE
INDEPENDENCE OF THE JUDICIARY.
REASONABLENESS OF PEN DETENTIONS--

rHE SUPREME COURT ISSUED A SERIES OF DECISIONS ON
JANUARY 12, 1979 IN THE YANEZ, ET AL. HABEAS CORPUS PETITIONS
SHICH ACCORDING TO HUMAN RIGHTS AND BAR ASSOCIATION
SOURCES CALLS INTO QUESTION THE "ZAMARANO DOCTRINE"
SKICH WAS THE BASIS OF THE FEDERAL COURT OF CRIMINAL
APPEALS DECISION IN LATE 1978 ORDERING OVER 160 PEN
PRISONERS FREED BECAUSE OF THE VAGUE AND UNSUPPORTED NATURE
W THE GOVERNMENT'S JUSTIFICATIONS FOR DETAINING THEM
EIDER THE PODER EJECUTIVO NACIONAL (PEN). THE
IAMARANO DOCTRINE, FIRST ENUNCIATED BY CRIMINAL APPEALS
KURT IN 1977, HOLDS THAT THE EXECUTIVE POWER MAY ONLY

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DETAIN PERSONS UNDER ITS CONSTITUTIONAL STATE OF SIEGE
AUTHORITY FOR SPECIFIC CHARGES RELATED TO THE IMPOSITION

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OF THE STATE. OF SIEGE. THE DOCTRINE FURTHER HOLDS
THAT PEN DETENTIONS ARE SUBJECT TO REVIEW BY THE
JUDICIARY TO ENSURE THAT EACH DETENTION IS A REASONABLE
EXERCISE OF THE STATE OF SIEGE POWER. HOWEVER, IN THE
YANEZ, ET AL DECISIONS THE SUPREME COURT OVERTURNED
THE FEDERAL CRIMINAL APPEALS COURTS PREVIOUS ORDERS
FREEING OVER 100 PEN PRISONERS. THE SUPREME COURT
IN A SIMILAR TWO SENTENCE DECISION IN EACH CASE FOUND
NO CIRCUMSTANCES "TO DISQUALIFY THE EXERCISE
OF THE RIGHT OF THE EXECUTIVE POWER TO CONTINUE TO
DETAIN THESE INDIVIDUALS." MOST OF THE PERSONS WHOSE
CASES WERE BEFORE THE SUPREME COURT WERE BEING HELD.
UNDER PEN FOR REASONS SUCH AS SUSPICION OF ASSOCIATION
WITH SUBVERSIVE ORGANIZATIONS, ETC. THE SUPREME COURTS
DECISION IS SEEN BY HRO'S AS A SERIOUS WEAKENING OF THE
"ZAMARANO DOCTRINE," AND LOWERING THE "REASONABLENESS"
STANDARD SO THAT THE GOVERNMENT HAS ONLY TO ASSERT
THAT THE DETENTION IS RELATED TO "SUBVERSION" AND NOT
TO A SPECIFIC CRIME. THE BUENOS AIREA BAR ASSOCIATION
IN A MARCH 16, 1979 STATEMENT PRAISING THE UPREME
COURTS HANDLING OF THE GIORGI CASE CHIDED THE COURT
FOR ACCEPTING "UNREASONABLE ANSWERS" TO HABEAS CORPUS
WRITS FILED ON PEN PRISONERS.

FOLLOWING THE "YANEZ, ET AL." SUPREME COURT DECISIONS,
TWO NEW PEN PRISONER HABEAS CORPUS PETIT-IONS HAVE BEEN
DECIDED BY THE COURT OF CRIMINAL APPEALS. THE PRESS
REPORTED ON MARCH 20, 1979, THAT THE CRIMINAL APPEALS
COURT HAD HELD IN A PSLIT DECISION IN THE CASE OF SARA
ADAMCHUCK THAT THE REASON GIVEN BY THE MINISTRY OF INTERIOR.
FOR THE PEN IMPRISONMENT OF MS. ADAMCHUCK WAS "INSUFFI-
CIENT." THE MININT TOLD THE COURT THAT MS. ADAMCUCH
WAS BEING HELD UNDER PEN DETENTION" "FOR HER CONNECTIONS
WITH SUBVERSION." THE COURTS MAJORITY SAID THAT
"IT IS NECESSARY TO DEMAND THE EVIDENCE TO DETERMINE
WHETHER THE BEHAVIOR OF THE DETAINED IS PUNISHABLE
BY LAW." THE DISSENTER SAID THAT "GIVEN THE HISTORIC

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MOMENT THE COUNTRY IS GOING THROUGH" THE ADAMCHUCK

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USMISSION GENEVA

AMEMBASSY MONTEVIDEO

AMEMBASSY SANTIAGO

~ SECTION 4 OF 5 BUENOS AIRES 25 01

DETENTION IS NOT REVIEWABLE BY THE JUDICIAL BRANCH.
THE CASE WAS, AS USUAL, APPEALED TO THE SUPREME COURT.
IN THE CASES OF GARCIA, ET AL. REPORTED IN THE
PRESS ON FEBRUARY 22, 1976, A DIFFERENT PANEL OF THE
CRIMINAL APPEALS COURT FOUND THAT THE GENERIC EXPLANA-
TIONS THAT MS. GRACIA, ET AL WERE BEING HELD "FOR
LINKS WITH SUBVERSION THAT AFFECTS THE COUNTRY" WERE
SUFFICIENT TO MAINTAIN THE PETITIONERS UNDER PEN
DETENTION.

COMMENT: PERSONNEL CHANGES ON THE RECENTLY
REORGANIZED 2 PANE - 6 JUDGE COURT OF. CRIMINAL
APPEALS APPEAR TO BE THE EXPLANATION FOR THESE DIVIDED
&ND CONTRARY DECISIONS.
SMITH III REPERCUSSIONS--

FHE SUPREME COURT'S DECEMBER 21, 1978 DECISION
IN THE SMITH III CASE IN WHICH THE HIGH COURT ADMITTED
EHE INABILITY OF THE HABEAS CORPUS PROCEDURES TO DEAL
illTH THE LARGE NUMBER OF REPORTED DISAPPEARNCE CASES

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A NUMBER OF REPERCUSSIONS. THE COURT'S CALL TO PRESIDENT
VIDELA FOR THE EXECUTIVE TO TAKE STEPS TO REMEDY THIS
SITATUION TRIGGERED A PRESIDENTIAL REPLY IN AN OPEN LETTER.
THE PRESIDENT STATED THAT HE AGREED WITHTHE COURT THAT
THERE HAD BEEN A SERIOUS DEPRIVATION OF JUSTICE IN
ARGENTINA IN RECENT YEARS BUT NOTED THE DIFFICULT
PERIOD WHICH THE COUNTRY HAD GONE THROUGH AND STATED
THAT ONE OF THE PRIORITIES OF THE MILITARY'S NATIONAL
REORGANIZATION PLAN WAS TO REESTABLISH A STRENGTHENED
JUDICIAL SYSTEM. THE VIDELA LETTER OCCASIONED
FULSOME POSITIVE COMMENTS FROM THE PRESS AND LEGAL
COMMUNITY. HOWEVER, EMILIO MIGNONE, ONE OF THE
PETITIONER'S LAWYERS IN THE SMITH III CASE PRESENTED
THE SUPREME COURT WITH A LEGAL MEMORANDUO ON FEBRU-
ARY 21, 1979 STATING THAT IF THE JUDICIARY COULD
NOT PROPERLY FUNCTION AS THE COURT HAD STATED IN
THE SMITH III CASE,
THE SUPREME COURT MEMBERS HAD AN OBLIGATION TO RESIGN.

4. MISTREATMENT OF PRISONERS REPORTED--
テつ」HE DISAPPEARANCE OF A PRISONER NAMED JUAN CARLOS
JULLO FROM LA PLATA PRISON IN FEBRUARY 1979 WAS
REPORTEDLY OTHER PRISONERS TO (_

__[ WHO RELAYED THE STORY TO THE

EMBASSY. NEITHER テつ」 jNOg,APPARENTLY, THE

MINISTRY OF INTERIOR HAS BEEN "3?BLE TO DETERMINE WHETHER
DR FOR WHAT PURPOSE HE WAS TRANSFERRED. LA PLATA
PRISON OFFICIALS SAY NQB_ THAT JULLO IS NOT BEING HELD
FHERE ANDテつ」 Jis CONTINUING ITS INVESTIGA-

TION. f_ ^JliAS RECENTLY RECEIVED AN ASSURANCE

?ROM MININT HARGUINDEGUY THAT PEN. PRISONERW OULD NOT
3E RELASED FROM JAIL TO ANT I-SUBVERSIVE UNITS_ FOR
OTTERROGATION. THIS PROMISE WAS PROMPTED BY

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COMPLAINT THAT HORACIO ALEJANDRO MICUCCI, A
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FORMER LA PLATA UNIVERSITY SCIENCE PROFESSOR, WAS
TRANSFERRED FROM LA PLATA PRISON ON AUGUAST 4, 1978 AND
RETURNED FIVE DAYS LATER AFTER HAVING BEEN INTERROGATED
AND TORTURED. WITH AN ELECTRIC PICANA.

STORIES FROM INMATES AT LA PLATA PRISON OF SEVERE BEATING
OF A PRISONER CALLED

ORTIZ DURING FEBRUARY ALSO CAME TOj
AND IN ADDITION TO THAT AGENCY'S INTEREST THE
NUNCIATURA HERE IS LOOKING INTO ALLEGATIONS THAT ORTIZ
WAS NOT GIVEN ADEQUATE MEDICAL CARE AFTER HIS MISTREAT-
MENT CAUSED INTERNAL INJURIES. A BEATING THAT

RESULTED IN A PRISONER'S DEATH WAS ALSO REPORTED BY PRISONERS
TOf ~~J

AS HAVING OCCURRED AT LA PLATA PRISON **

DURING FEBRUARY. ALBERTO PINTO, THE VICTIM, WAS AN
ELDERLY JEWISH DOCTOR FROM CORDOBA HELD AT PEN DIS-
POSITION FOR "SEVERAL YEARS." PINTO, AN EPILEPTIC,
WAS BADLY TREATED IN CORDOBA BY GUARDS WHO THOUGHT
HIS CONDITION WAS FEIGNED AND AN ACT OF "INSUBORDINATION."
TRANSFERRED BY MILITARY PLANE TO LA PLATA IN OCTOBER
ALONG WITH SOME 100 OTHER CORDOBA PRISONERS, INTO

WAS "WORKED OVER" BY THE GUARDS UPON HIS ARRIVAL AT LA PLATA ALONG
WITH THE OTHER NEW PRISONERS AND DIED SUBSEQUENTLY
OF A PERFORATED INTESTINE. TREATED FOR HIS INJURIES
FIRST AT THE PRISON HOSPITAL, PINTO WAS LATER PUT
INTO AN OUTSIDE HOSPITAL FOR TREATMENT, WHERE HE DIED IN
LATE FEBRUARY.

5. (U) ROCKEFELLER SUPPORTS US HUMAN RIGHTS POLICY--

ACCORDING TO ROCKEFELLER ASSOCIATES HERE,

IN HIS MEETINGS WITH PRESIDENT VIDELA AND MINISTER

OF ECONOMY MARTINEZ DE HOZ, DAVID ROCKEFELLER, WHO

VISITED BUENOS AIRES MARCH 8-9 STATED DURING PRIVATE CONVER

SATIONS HIS SUPPORT FOR

THE ADMINISTRATION'S HUMAN RIGHTS POLICIES -- THOUGH

W

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BUENOS 02501 04 OF 05 3 01756Z

3E EXPRESSED RESERVATIONS ABOUT WAYS IN WHICH THESE
POLICIES WERE BEING CARRIED OUT. HIS RESERVATIONS
ZONCERNED OVERLAPS INTO BUSINESS AND ECONOMICS. ALSO
PRESENT FOR THESE DISCUSSION WAS ROCKEFELLER'S LEGAL
ADVISOR, WHO OFFERED LEGAL ARGUMENT AND QUESTIONS ABOUT
テつ」HE STATUS OF THE DETAINED AND DISAPPEARED., VIDELA

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INFO OCT-01 ARA-11 10-14 ISO-00 SSO-00 NSCE-00 INRE-00
ICAE-00 PM-05 SP-02 SS-15 L-03 CIAE-00 DODE-00
INR-10 NSAE-00 PA-01 /067 W

------------------010402 302128Z /70/53

O R 301422Z MAR 79

FM AMEMBASSY BUENOS AIRES

TO SECSTATE WASHDC IMMEDIATE 0048

INFO USCINCSO QUARRY HTS CZ

AMEMBASSY ASUNCION

AMEMBASSY BRASILIA

USMISSION GENEVA .

AMEMBASSY MONTEVIDEO

AMEMBASSY SANTIAGO

SECTION 5 OF 5 BUENOS AIRES 2501

CORRECTEDCOPY (TEXT)

AND HIS ADVISORS REPLIED THAT LEGAL MATTERS WOULD BE
RESTORED, BUT THAT IN CASES WHERE THERE WAS STRONG
SUSPICION OF TERRORIST ASSOCIATIONS BUT NO PROOF THE
SUSPECT'S RELEASE WOULD BE DIFFICULT. MARTINEZ DE
HOZ ADDED HIS BELIEF THAT PROOF OF TERRORIST ASSOCIA-
TIONS WOULD BE HARD TO PRESENT BECAUSE OFTEN IT DERIVED
FROM SECURITY FORCE PENETRATION OF ORGANIZATIONS THAT
COULD NOT BE MADE PUBLIC.

6. (U) OPERATIONS AGAINST HRO FAMILIARES DE DESAPARA-

CIDOS Y DETENIDOS--

SPOT REPORTS RECEIVED OVER SEVERAL WEEKS BY THE EMBASSY

FROM FAMILY AND FDD SOURCES NOW. CAN BE READ

TO INDICATE A PATTERN OF OPERATIONS DIRECTED AGAINST

THE LEADERSHIP OF THE PARTIDO COMUNISTA ARGENTINA

LINKED HUMAN RIGHTS ORGANIZATION -- FAMILIARES DE

DESAPARECIDOS Y DETENIDOS POR RAZONES POLITICAS (FDD)-

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SINCE LATE SEPTEMBER 1978, TWENTY-ONE FDD LEADERS

AND ASSOCIATES HAVE BEEN ABDUCTED --FOURTEEN WERE

SUBSEQUENTLY RELEASED, SIX REMAINED DETAINED UNDER

PEN, AND ONE, A CHILEAN, WAS KILLED. ON OCTOBER 14,

1978, A BUSLOAD OF SANTA FE FDD MEMBERS WAS PREVENTED

BY SECURITY FORCES FROM ATTENDING A MEMORIAL MASS

FOR THE DISAPPEARED IN ROSARIO. THEM MASS ITSELF WAS

BROKEN UP WHE SEVERAL UNIDENTIFIED MEN ENTERED THE

CHURCH AND DETONATED TEARGAS GRENADES.

THE BOMBING ON FEBRUARY 28, 1979 OF THE HOUSE OF

DANIEL ZAPP, THE FDD'S ROSARIO LEADER (HIS CAR WAS

BOMBED EARLIER ON OCTOBER 17, 1978) AND THE FIRE BOMBING

OF THE AUTOMOBILE OF MR. AND MRS.LUCAS ORFANO, THE .

FDD'S BUENOS AIRES SECRETARY AND TEASURER RESPECTIVELY

.FURTHER INDICATE THE NATURE OF THE ANTI-FDD CAMPAIGN.

MR. AND MRS. ORFANO HAD RECENTLY RETURNED TO BUENOS

AIRES FROM PUEBLA, MEXICO WHERE THEY HEADED THE FDD'S

LOBBYING EFFORTS DURING THE LATIN AMERICAN BISHOP'S

CONFERENCE. THE COUPLE ALSO REPORTEDLY HAS TWO

DISAPPEARANCE CASE INVESTIGATIONS UNDERWAY WITHIN THE

IACHR.

THE PERMANENT ASSEMBLY, FDD AND THE LEAGUE FOR THE RIGHTS OF MAN

KAVE ISSUED PROTESTS AGAINST THESE ACTONS AND HAVE CALLED

ON THE PRESIDENCY AND THE ARMY CORPS COMMANDERS FOR

PROTECTION AGAINST THIS CONTINUING INTIMIDATION.

7. ttB OPEATIONS AGAINST THE PARTIDO SOCIALISTA DE

ERABAJADORES (PST)--

5LEPORTS FROM RELATIVES AND PST PARTY MEMBERS WHO HAVE

SEPORTED, RELIABLE IN THE PAST, INDICATE

EHAT ARGENTINE SECURITY FORCES HAVE TARGETED THE PST

LEADERSHIP AND MEMBERS IN SEVERAL AREAS. THE RECENT

ACTIONS AGAINST THE PST BEGAN IN LATE

?AGE 03 BUENOS 02501 05 OF 05 302122Z

JCTOBER AND EARLY NOVEMBER, 1978 WHEN 13 PST MEMBERS
IERE LEGALLY ARRESTED BY PROVINCIAL POLICE IN THE
?ROVINCE OF SANTA FE. ACCORDING TO PST SOURCES, 12 OF
ME ARRESTED MEMBERS WERE BEATEN BUT NOT FURTHER MIS-
CREATED . HOWEVER, THE PST PROVINCIAL EADER, EDUARDO
ISCAR LOPEZ, WAS REMOVED FROM ROSARIO CENTRAL POLICE

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STATION FOR THREE DAYS AND HOSTIELY INTERROGATED. PST
PARTY MEMBERS HEREIN BUENOS AIRES HAVE TOLD US THAT HE
WAS BADLY BEATEAN AND SCALDED WITH WATER DURING HIS
INTERROGATION. AFTER HIS RETURN TO THE PROVINCIAL
POLICE, HE WAS HELD INCOMMUNICADO FOR TWO WEEKS WHILE
HE RECOVERED. ALL 13 OF THE SANTA FE PST MEMBERS HAVE
BEEN CHARGED WITH ILLEGAL POLITICAL ACTIVITY AND
POSSESSION OF SUBVERSIVE LITERATURE--ON IS FREED ON
BAIL, FIVE ARE HELD UNDER THE PEN, AND THE OTHER
SEVEN ARE UNDER A JUDICIAL DETENTION ORDER.
TWO PST MEMBERS WERE ABDUCTED IN LA PLATA ON
JANUARY 19, 1979. ACCORDING TO A REPORT BY A FAMILY
MEMBER OF ONE OF THE ABDUCTEES, BOTH WERE INTERROGATED
WITH US OF AN ELECTRIC PICANA BEFORE GEING TURNED
OVER TO THE CIVIL CRIMINAL JUSTICE SYSTEM. BOTH HAVE
BEEN CHARGED WITH ILLEGAL POLITICAL ACTIVITES AND HAVE
BEEN FREED ON BAIL.

EIGHT PST MEMBERS WERE ABDUCTED IN MAR DEL PLATA IN
EARLY JANUARY1, 979. ACCORDING TO PST PARTY LEADER
SOURCES, THOSE ABDUCTED WERE PARTY ACTIVITS AND STUDENT
LEADERS IN THREE MAR DEL PLATA HIGH SCHOOLS PRIOR TO
THE 1976 COUP. LATE ON MARCH 24, 1979, ACCORDING TO A
PST SOURCE, THREE PST MEMBERS WERE ABDUCTED IN TIGRE
(A NORTHER SUBURB OF BUENOS AIRES). THERE HAS BEEN
NO INFORMATION REGARDING THE WHEREABOUTS OF THESE
INDIVIDUALS.

AMBASSADOR CASTRO RAISED THESE THREE CASES - THE
FIRST SINCE JANUARY -- WITH GENERAL VIOLA ON
MARCY 28, PROVIDING THE NAMES AND CIRCUMSTANCES OF.THE
ABDUCTION AS REPORTED TO US. GENERAL VIOLA SAID HE COULD

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BUENOS 02501 05 OF 05 302122Z

MOT BELIEVE THE REPORT, WOULD INVESTIGATE AND INFORM
THE AMBASSADOR OF THE RESULTS.

3. AFATER THIS CABLE PREPARED BY 3/30
3ENERAL VIOLAS OFFICE TELEPHONED ASSURING
JS THAT THREE "MARCH DISAPPEARANCES"
\RE PERSONS IN FACT HELD AT TIGRE
POLICE STATION AND THEIR CASES HAVE
3EENSUBMITTED TO JUDGE FOR.ACTION.
ZASTRO

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