RELEASE AND PROTECTION FOR TIMERMAN - 1979/09/25

• Document Type: SPECIALCOLLECTION
• Collection: Argentina Declassification Project - The "Dirty War" (1976-83)
• Document Number (FOIA) /ESDN (CREST): 06626785
• Release Decision: RIFPUB
• Original Classification: U
• Document Page Count: 3
• Document Creation Date: April 3, 2019
• Document Release Date: April 12, 2019
• Publication Date: September 25, 1979

Approved for Release: 2018/10/01 C06626785
CA 7929
251438Z SEP 79
VULLE
INDICATE
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TAGS:
SUBJECT:
ACTION:
AMB
DCM
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POL/R
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ICA
DAO
RF
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FROM
AMEMBASSY BUENOS AIRES
CLASSIFICATION
CONFIDENTIAL
GDS 9/25/85 (FRIEDMAN, TOWNSEND
SHUM AR
(U) RELEASE AND PROTECTION FO
SECSTATE WASHDC IMMEDIATE
CONFIDENTIAL BUENOS AIRES
REF: STATE 249264
1. (C � ENTIRE TEXT.)
2. WE HAVE NOW HAD THE OPPORTUNITY TO
7929
MEET WITH
TIMERMAN'S LAWYER, GENARIO CARRIO WHO SPOKE TO US IN
CONFIDENCE.
3. THOUGH HE HAS NOT SEEN THE SUPREME COURT DECISION
ON TIMERMAN, CARRIO FEELS PRESS REPORTS ABOUT IT ARE
PROBABLY CORRECT, AT LEAST SO FAR AS ITS MAJOR THRUST--
THE JUNTA HAS BEEN TOLD BY THE COURT THAT THE CONTINUED
DETENTION OF TIMERMAN IS ILLEGAL. MOREOVER, CARRIO
BELIEVES THAT IN SHORT ORDER--PROBABLY THIS WEEK--
TIMERMAN WILL PROBABLY BE STRIPPED OF HIS CITIZENSHIP
AND EXPELLED FROM THE COUNTRY BY THE JUNTA WHICH WILL
TAKE THESE STEPS UNDER THE POWERS IT CONFERRED ON
ITSELF WITH THE INSTITUTIONAL ACT OF 1976.
DRAFTED
POL:TB
RIEDMAN'
DRAFTING DATE
9/25/79
TEL MU
277
CONTENTS AND CLASSIFICATION
POLCOUNS:WHHALLMAN
ROVED BY
CLEARANC
S0153-101
DCM:MCHP.PLIN
CONFIDENTIAL
cummmovrioN
Approved for Release: 2018/10/01 006626785
OPTIONAL FORM 153
(Formerly FS-413)
January 1375
Dept of State
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CONFIDENTIAL peg. 2 a -5 :VIC9?
Closed:cation
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-1
4. CARRIO STATED TO US THAT HIS PRESENTATION TO
IN TIMERMAN'S BEHALF
THE COURT/(HAD TWO THRUSTS:
50152-201
A) THAT TIMERMAN'S DETENTION UNDER THE INSTITUTIONAL
ACT IS ILLEGAL; AND
B) THAT THE INSTITUTIONAL ACT IN ITSELF IS UNCONSTI-
5.
TUTIONAL. / HE BELIEVES THAT IN ORDERING TIMERMAN
FREED THE COURT PROBABLY DEALT WITH THE FIRST OF
THESE ARGUMENTS, BECAUSE TO DECLARE THE INSTITUTIONAL
ACT ITSELF UNCONSTITUTIONAL WOULD OPEN UP A PANDORA'S
BOX FOR THE JUNTA, AFFECTING AS IT WOULD THE MANY
PEOPLE BEING HELD OR WHO HAVE BEEN PUNISHED UNDER
THE INSTITUTIONAL ACT.
(6. THE BASIC ARGUMENT HE USED TO ATTACK THE LEGALITY,
AS OPPOSED TO ITS CONSTITUTIONALITY, OF TIMERMAN'S
DETENTION WAS NARROWLY AIMED AT PARAGRAPH (E) OF
ARTICLE TWO OF THE ACT WHICH STATES THAT AMONG THE
MEASURES THAT CAN BE APPLIED TO THOSE BEING PUNISHED
UNDER THE BILL IS "DETENTION IN A PLACE DETERMINED
BY THE EXECUTIVE POWER FOR SO LONG AS THE INDIVIDUAL
REMAINS AT THE DISPOSITION OF THE EXECUTIVE POWER...."
THE ARGUMENT OF THE DEFENSE WAS THAT SINCE TIMERMAN'S
DETENTION UNDER THE EXECUTIVE POWER HAS BEEN RULED
ILLEGAL (BY THE COURT LAST YEAR) AND HE IS NO LONGER
AT THE DISPOSITION OF THE EXECUTIVE, HE CAN NO LONGER
BE HELD UNDER THE INSTITUTIONAL ACT.
CONFIDENTIAL
Clasathcation
Approved for Release: 2018/10/01 C06626785
OPTIONAL FORM 152.00
(Formerly FS-413(We)
January 1976
Dept of State
I
50152-201
Approved for Release: 2018/10/01 C06626785
CONFIDENTIAL 3
Pelle
Classification
OTHER THAN RELEASING TIMERMAN, THE JUNTA HAS TWO
OTHER OPTIONS: ONE, TO IGNORE THE COURT ORDER; TWO,
TO PLACE HIM BACK UNDER PEN. CARRIO ASSERTED THAT
NEITHER OF THESE OPTIONS WAS LIKELY--THE FIRST
"BECAUSE IT WOULD BE ILLEGAL" AND THE SECOND BECAUSE
"IT WOULD MAKE THEM LOOK RIDICULOUS TO THE WORLD."
CASTRO il/e\
CONFIDENTIAL
Classification
Approved for Release: 2018/10/01 C06626785
OPTIONAL FORM 152a(H)
(Formerly FS413(1-)a)
January 1975
Dept of State