Page 1 Current Class Current Handling Document Number Channel n a Case Number 200000044 PAGE 01 ACTION ARA-14 BUENOS 08638 161935Z OCT-01 IS0-00 c ·HA-05 SS0-00 NSCE-00 USIE-00 INRE-00 · CIAE-00 DODE fu · PM-05 H-01 INR 0 7 _L-03 NSAE-00 PA- 01 PRS-01 · · SP-02 SS-15 AID-0$-- 060 W -----------------012655 162002Z 44 0 i61730Z NOV 77 FM AMEMBASSY BUENOS AIRES TO SECSTATE WASHDC _IMMEDIATE 3235 INFO - - - -- - -- _--- _ BUENOS AIRES 8638 E O 11652 GDS TAGS SHUM AR SUBJECT DETENTION OF JACOBO TIMERMAN A NEW LEGAL TWIST REF BUENOS AIRES 8639 SUMMARY THE DECISION BY THE MILITARY JUNTA PLACING JACOBO TIMERMAN UNDER THE ACT OF INSTITUTIONAL RESPONSIBILITY APPEARS TO BE AN ACTION DESIGNED TO CONTINUE TIMERMAN· S INCARCERATION TIMERMAN' S LAWYER BELIEVES THAT THE JUNTA'S DECISION WAS DESIGNED TO AVOID A FAVORABLE HABEAS CORPUS DECISION ON BEHALF OF THE EX-PUBLISHER TIMERMAN HAS WRITTEN EMBOFF HOWEVER EXPRESSING OPINION THAT GOVERNMENT ACTION IS AIMED PRIMARILY AT EMBARGOING HIS PROPERTY AND STATING HIS HOPE THAT HE WILL BE SET FREE END SUMMARY 1 BACKGROUND----THE LEGAL PROCEEDINGS TAKEN SO FAR IN THE TIMERMAN CASE HAVE COVERED A RANGE OF CHARGES -- APRIL 18 1977 GENERAL SUAREZ MASON ISSUED A PRESS STATEMENT ACCUSING THE ARRESTED TIMERMAN OF SUBVERSIVE ACTIVITIES 7 MINISTRY OF THE INTERIOR COMMUNIQUE - PAGE 02 BUENOS 08638 Current Class -- --- 161935Z - Page 1 UMCLASS f EO Page 2 Channel n a Case Number 200000044 · CHARGED TIMERMAN WITH ECONOMIC CRIMES --APRIL 28 _ 1977 PEN DECREE ISSUED BY MININT HARGUINDEGUY STATING THAT MR TIMERMAN'S WAS INCOMPATIBLE WITH THE PUBLIC SAFETY -LAT SPRING 1977 il MY ANNOUNCED THAT TIMERMAN WAS BEING INVESTIGATED BY SECOND SPECIAL MILITARY COURT FOR SUBVERSION AND LI_NKS WITH GRAV-I-ER GROUP - -SEPTEMBER 1977 SECOND SPECIAL MILITARY COURT CLEARED TIMERMAN OF ANY INVOLVEMENT IN SUBVERSIVE ACTIVITIES -LATE OCTOBER 1977 APPEALS COURT ASKED MININT FOR REASONS FOR TIMERMAN'S CONTINUED DETENTION -NOVEMBER 1 1977 PRESS RELEASE ISSUED BY MINISTRY OF THE INTERIOR ANNOUNCED THAT TIMERMAN HAD BEEN PLACED UNDER ACT OF INSTITUTIONAL RESPONSIBILITY 2 TIMERMAN'S LEGAL SITUATION----FROM A LEGAL STANDPOINT THE TIMERMAN CASE IS UNIQUE SO FAR AS HIS LAWYER KNOWS IT IS THE ONLY CASE OF THE THOUSANDS OF HABEAS CORPUS PETITIONS PENDING IN THE ARGENTINE COURTS IN WHICH THE PLANTIFF HAS BEEN FOUND NOT TO BE iNVOLVED WITH SUBVERSION BY A COMPETENT MILITARY TRIBUNAL -IN ADDITION ARGENTINE COURTS HAVE BEGUN TO CONSTITUTIONALLY LIMIT THE EXECUTIVE'S STATE OF SIEGE DETENTION POWERS FOR EXAMPLE AN ARGENTINE FEDERAL DISTRICT COURT LAST MONTH ORDERED THE IMMEDIATE RELEASE OF A SUGAR DEALER HELD UNDER EXECUTIVE DETENTION ON PURELY ECONOMIC CHARGES EARLIER DECISIONS OF THE COURT OF APPEALS AND THE SUPREME COURT IN THE - ZAMORJillO CASE REAFFIRMED THE PRINCIPLE THAT THE EXECUTIVE'S PAGE 03 BUENOS 08638 161935Z STATE OF SIEGE DETENTION POWER IS NOT DISCRETIONARY BUT MUST BE EXERCISED REASONABLY ON THE BASIS OF RELEVANT EVIDENCE AGAINST THE DETAINEE ACCORDING TO TIMERMAN'S ATTORNEY WITH THIS BACKGROUND THERE WAS A SIGNIFICANT CHANCE THAT THE FEDERAL COURT OF APPEALS THE MOST PROGRESSIVE COURT IN THE COUNTRY WOULD HAVE ORDERED TIMERMAN'S RELEASE FROM EXECUTIVE DETENTION WITHIN THE NEXT SEVERAL WE°EKS AS THE GOVERNMENT COULD NOT --··- s·- Current Class Page 2 U CllSS f EO - · · Al ' 1 'ILltU _ _ ut L uu · Current C l a s s Current H a n d l i n g - Document Number 1977BUENOS08638 Page 3 Channel n a Case Number 200000044 ·SUCCESSFULLY REPLY TO THE COURT'S INQUIRIES OF LATE OCTOBER ASKING FOR THE GOVERNMENT'S CHARGES AGAINST TIMERMAN TIMERMAN'S LAWYER BEL IEVES THAT TO AVOID A SERIOUES AND PERHAPS LOSING LEGAL CLASH THE JUNTA DECIDED TO TAKE EXTREME ACTION AND PLACE HIM UNDER THE ACT OF INSTITUTIONAL RESPONSIBILITY 3 ACT OF INSTITUTI@ AL RESPONSIBILITY--- THE INSTITUTIONAL AG 'I ·IS VIEWED BY LIBERAL JURIS HERE AS A REVOLUTIONARY EQUIVALENT TO A COMMON LE W BILL OF PAINS AND PENALTIES WHICH THE JUNTA HAS ADOPTED UNDER ITS EMERGENCY POWERS TO PUNISH PERSONS SUPPOSED TO BE GUILTY OF SERIOUS CRIMES WITHOUT JUDICIAL PROCEEDINGs- A SIMILAR ACT PASSED BY A PREVIOUS MILITARY GOVERNMENT WAS UPHELD BY THE ARGENTINE SUPREME COURT 4 ARTICLE 1 OF THE ACT LISTS A NUMBER OF VAGUE PUNISHABLE ACTS SUCH AS TOLERANCE OR NEGLIEGENCE OF ADMINISTRATIVE CORRUPTION FAILURE TO OBSERVE BASIC MORAL PRINCIPLES IN THE EXERCISE OF PUBLIC FUNCTIONS SERIOUS NEGLIGENCE IN THE EXERCISE OF PUBLIC FUNCTIONS ARTICLE 2 SETS FORTH PUNISHMENTS WHICH MAY BE APPLIED TO PERSONS FOUND BY THE JUNTA TO HAVE VIOLATED ARTICLE ONE AMONG WHICH ARE THE LOSS OF POLITICAL RIGHTS THE LOSS OF CITIZENSHIP AND OR THE EXPULSION OF NATURLIZED CITIZENS INTERMENT IN A PLACE DECIDED BY THE EXECUTIVE AND THE PROHIBITION AGAINST THE PERSON'S DISPOSING OF HIS GOODS UNTIL THEIR LEGITIMATE ACQUISITION HAS BEEN PROVISION - - PAGE 04 - BUENOS 08638 161935Z 5 THE JUNTA MUST CHOOSE WHICH OF THE ACT'S PENALTIES TO APPLY IN EACH CASE DESPITE SPECULATION IN THE LOCAL PRESS TIMERMAN HAS NOT BEEN INFORMED WHAT SPECIFIC ACTIONS THE JUNTA WILL TAKE THE JUNTA TAILORS PENALTIES TO INDIVIDUALS CASES FOR EXAMPLE TWO OF THE 48 PERSONS UNDER THE ACT HAVE NOT BEEN DETAINED ONLY THEIR GOODS HAVE BEEN EMBARGOED RECENTLY THE JUNTA ESTABLISHED LEGAL PROCEDURES AND A BOARD TO LEGITIMIZE GOODS EMBARGOED UNDER THE INSTITUTIONAL ACT HOWEVER TO OUR KNOWLEDGE THERE IS NO TIME LIMIT OR REV EW MECHANISM FOR THE OTHER CATEGORIES OF PUNISHMENT INCLUDED IN THE ACT SUCH AS LOSS OF CIVIL RIGHTS 6 USIS PRESS OFFICER HAS RECEIVED LETTER DATED NOVEMBER 15 FROM JACOBO TIMERMN- EXPRESSING OPINION-THAT THE RECENT Current Class -- ------- Page 3 UNClASSlfIEO Page 4 Current Class Current Handling Document Number 1977BUENOS08638 Channel n a Case Number 200000044 ·GOVERNMENT ACTION IS INTENDED ONLY TO PLACE AN EMBARGO ON HIS PROPERTY BUT DOES NOT PRECLUDE HIS BEING PLACED AT LIBERTY SEE SEPTEL UNTIL RECEIPT OF THIS LETTER THE VIEW WE RECEIVED FROM THE TIMERMAN FAMILY WAS JUST THE OPPOSITE I E THAT THE ACTION WAS DESIGNED TO CONTINUE HIS INCARCERATION INDEFINITELY OUR REQUEST FOR AN EXPLANATION FROM THE FOREIGN MINISTR ··SO FAR HAS BEEN MET WITH VAGUE PRO FORMA·ANSWERS THAT l'fJ' E·ACTION IS REASONABLE AND LEGITIMATE UNDER REVOLUTIONARY-JUNTA PROCEDURES WE -ARE-PRESSING THE MINISTRY FOR FURTHER CLARIFICATION 7 WE UNDERSTAND THAT AN AIDE TO ADMIRAL-MASSERA CONTACTErr-TIMERMAN FAMILY ON NOVEMBER 11 AND CLAIMED THAT ADMIRAL MASSERA HAD OPPOSED THE JUNTA S TIMERMAN DECISION BUT HAD BEEN OUTVOTED WHETHER THrs· IS ANYTHING MORE THAN A TYPICAL MASSERA PLOY WE DO NOT KNOW CASTRO - 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