INDICATIONS THAT THE ARGENTINE GOVERNMENT WANTS TO PROCEED CAREFULLY AND SLOWLY IN PROSECUTING ARMED FORCES PERSONNEL ACCUSED OF INVOLVEMENT IN DISAPPEARANCES DURING THE COUNTER-SUBVERSIVE CAMPAIGN OF THE 1970'S - 1984/01/03

• Document Type: SPECIALCOLLECTION
• Collection: Argentina Declassification Project - The "Dirty War" (1976-83)
• Document Number (FOIA) /ESDN (CREST): 06698566
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 4
• Document Creation Date: April 3, 2019
• Document Release Date: April 12, 2019
• Publication Date: January 3, 1984

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Headers: 0 03221.9Z JAN 84 FM: UNKNOWIN
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-- CENTRAL INTELLIGENCE AGENCY
BT
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JAS DIST: 3 JANUARY 1984
COUNTRY: ARGENTINA
SUBJ: INDICATIONS THAT THE ARGENTINE GOVERNMENT WANTS TO
PROCEED
CAREFULLY AND SLOWLY IN PROSECUTING ARMED FORCES PERSONNEL
ACCUSED OF INVOLVEMENT IN DISAPPEARANCES DURING THE COUNTER-
SUBVERSIVE CAMPAIGN OF THE 1970'S
2. IN MID-DECEMBER 1983,
LI'HE
COMMISSION ESTABLISHED BY PRESIDENT RAUL ((ALFONSIN)) TO DEAL
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WITH CASES OF PEOPLE WHO DISAPPEARED DURING THE COUNTERSUBVER-
SIVE CAMPAIGN OF THE 1.970'S HAS BUT ONE PURPOSE: TO LIMIT THE
NUMBER OF ALLEGATIONS INVOLVING THESE CASES WHICH ACTUALLY
REACH 3.3(b)(1)
�THE COURTS. THE COMMISSION, WHICH AROSE FROM
AN IDEA OF RAUL ((BORRAS)), MINISTER OF DEFENSE, AND BRIGADIER
GENERAL JORGE ((ARGUINDEGUI)), CHIEF OF STAFF OF THE ARMY,
IS SUPPO/-GSED TO SELECT SOME CASES FOR PROSECUTION AND THEN LET
SEC-ft-El/I
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THE GENERAL ISSUE OF DISAPPEARANCES FADE AWAY AFTER
APPROXIMATELY 3.3(b)(1)
SIX MONTHS. IN THIS WAY, THE GOVERNMENT HOPES TO
REMOVE THE CONCERN OF JUNIOR AND MIDDLE-LEVEL OFFICERS ABOUT
THE MANNER IN WHICH INVESTIGATIONS OF DISAPPEARANCES WILL AFFECT
THE ARMED FORCES.
3. THE COMMISSION SHOULD
REVIEW ALL DISAPPEARANCE-RELATED CASES SUBMITIED TO IT AND
REFER A COMPARATIVELY FEW CASES ON TO THE CIVIL COURT SYSTEM.
THE COMMISSION OUGHT TO SERVE
ALSO AS A COUNTERBALANCE TO ANY ACTION CONCERNING DISAPPEARANCE
CASES TAKEN BY JUDGES WHOM THE PRESIDENT CANNOT INFLUENCE.
CARLOS ((ALCONADA)) ARAMBURU, MINISTER OF EDUCATION
AND JUSTICE, AND LEFTIST MEMBERS OF THE GOVERNMENT AND OF THE
GOVERNING RADICAL CIVIC UNION (UCR), HAVE BROUGHT PRESSURE ON
ALFONSIN NOT TO CARRY THROUGH WITH THE COMMISSION ALONG THE
LINES OF WHICH BORRAS AND ARGUINDEGUI CONCEIVED IT.
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5. AS OF MID-DECEMBER, PRESIDENT ALFONSIN WANTED THE
CIVILIAN COURT SYSTEM TO CARRY OUT A SLOWER AND MORE ORDERLY
JUDICIAL PROCESS THAN SOME JUDGES INDICATED THEY INTENDED
IN REGARD TO CHARGES AGAINST ARMED FORCES PERSONNEL ACCUSED
OF EXCESSES DURING THE COUNTERSUBVERSIVE CAMPAIGN. ADDITION-
ALLY, HE DID NOT WANT TO SEE THE LEGAL PROCESS TURN INTO A
WITCH HUNT. THE PRESIDENT INTENDED TO TRY TO SLOW DOWN SOME
CIVILIAN JUDGES WHOM HE BELIEVED WERE PROCEEDING TOO FAST IN
DISAPPEARANCE CASES. ALSO, HE DID NOT HAVE IN MIND AT THE TIME
ANY SPECIFIC ACTIONS AGAINST FORMER PRESIDENT AND RETIRED ARMY
GENERAL REYNALDO ((BIGNONE)).
A MAJOR PROBLEM FOR
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ALFONSIN IN REGARD TO THE DISAPPEARED ISSUE CONSISTS OF HIS NEED
TO KEEP THE MATTER OUT OF CONGRESS IF THE 3.3(b)(1)
PRESIDENT CAN SUCCEED IN THIS, HE CAN CONTROL THE HANDLING OF
THE ISSUE AND ITS RAMIFICATIONS.)
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WARNING: REPORT CLASS 5..Frela T--WARNING NOTICE-INTELLIGENCE
SOURCES OR METHODS INVOLVED--
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