GOA FACES DECISION IN TIMERMAN CASE - 1978/08/02

• Document Type: SPECIALCOLLECTION
• Collection: Argentina Declassification Project - The "Dirty War" (1976-83)
• Document Number (FOIA) /ESDN (CREST): 06626861
• Release Decision: RIFPUB
• Original Classification: U
• Document Page Count: 8
• Document Creation Date: April 3, 2019
• Document Release Date: April 12, 2019
• Publication Date: August 2, 1978

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SHUN, AR, PINS
GOA FACES DECISION IN TIMM CASE
SECSTATE WASH DC
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REF: BUENOS AIRES 5646
SINCE -
SUMMARY:44X4KKIITHE RECENT SUPREME COURT DECISION
DIRECTING THE RELEASE FROM EXECUTIVE (PEN) DETENTION
OF FORMER LA OPINION PUBLISHER JACOB� TIMERMAN KXCPLICITLY
AVOIDED THE ISSUE OF THE GOVERNMENT'S AUTHORITY TO CONTINUE
HIS DETENTION UNDER THE TERMS OF THE ACTA INSTITUTIONAL OF
'PLAN TO
JUNE 18, 191i TIMMERMAN'e LAWYERS NIZZ(PTACE THIS ISSUE
INTO THE COURTS NEXT WEEK (AUGUST 7). TIMERMAN'S LEGAL
CASE APPEARS FAIRLY STRONG. TO DATE, THE GOVERNMENT
HAS NOT RESPONDED TO THE JULY 20TH SUPREME COURT ORDER.
EITHER
IT IS FACED WITH A NUMBER OF SOLUTIONS WHICH WILL/BE
-To
UNPOPULAR WITHIN THE ARMED FORCES ORitWORLD malTaa. THESE
RANGE
BMBOMPREFROM RELEASING TIMERMAN IN RESPONSE TO THE
DRAFTED BY
POL:FAHarris/bv.
CLEARANCES:
DCM:MChapliekh_---
50153-101
DRAFTING DATE
8-2-78
TEL EXT.
276
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CONTENTS AND C
POL:AGFree
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Approved for Release: 2018/10/01 C06626861
ON APPROVED BY:
OPTIONAL FORM 153
(Formerly FS-413)
January 1975
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rCOURT' S ORDER TO ISSUING A NEW PEN DECREE CHARGING HIM ANEW WITH
- THE FAMILY' S'GOk
LINKS TO SUBVERSION. Mk GUESS IS THAT THEI-MLL ALLOW TIMERMAN TO 'CONTINUE
TO LITIGATE HIS CASE AND POSTPONE THE DECISION. END SUMMARY.
1. SUPREME COURT'S DECISION
THE SUPREME COURT'S RECENT DECISION EXPLICITLY SKIRTED THE
ISSUE REGARDING TIMERMAN'S DEPRIVATION QF LIBERTY UNDER
THE ACTA INSTITUTIONAL. THE COUTIMFOCUSED ONLY ON THE
REASONABLENESS OF TIMERMAN'S CONTINUED DETENTION UNDER THE
PODER EJECUTIVO NACICHAL (PEN) DECREE UNDER WHICH HE WAS
LEGALLY DETAINED IN APRIL 1977. THE COURT POINTED OUT IN
ITS OPINION THAT THE EXPLANATION OFFERED BY THE MINISTRY OF
INTERIOR FOR THE PEN DEUEEt: AGAINST TIMERNAN REVOLVED AROUND
THE INVESTIGATION UNDERTAKEN BY THE SPECIAL WAR COUNCIL OF
DEALINGS Q,
HIS CONNECTIONS WITH THE GRAIVER-MCNTONER0/11821MUMMX
SUBSEQUENTLY, THE SPECIAL WAR COUNCIL PUBLICLY ANNOUNCED
THAT AinR A THOROUGH INVESTIGATION, IT HAD FOUND THAT MR.
'/ (AND"SOME XX, 25 , OTHERS) ; -
TIMERMAN/ HAD COMMITTED NO INDICTABLE OFFENSE. THE COURT
STRESSED THAT IN ALL THE OTHER CASES WHICH HAD COME
BEFORE IT ALLEGING ABUSES IN THE GOVERNMENT'S-USE OF ITS
EXECUTIVE DETENTION POWERS, THE GOVERNMENT HAD INFORMED
THE COURT THAT IT CONSIDERED THAT THE PEN DETAINEE IN
QUESTION WAS LINKED WITH SUBVERSIVE ACTIVITIES. HOWEVER,
IN THE TIMERMN CASE alegelageMIENIMMA SPECIAL
MILITARY TRIBUNAL HAD PUBLICLY STATED THAT MR. TIMERMAN
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January 1975
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FiAS NOT CONNECTED WITH ANY SUBVERSIVE ACTIVITIES. THEREFORE, IT --1
DID NOT APPEAR TO A MAJORITY OF THE COURT THAT THERE WAS A REASONABLE
BASIS UNDER THE SPECIAL CONSTITUTIONAL STATE OF SIEGE ReVISIONS FOR
THE CONTINUED DETENTION OF TIMERMAN. THE COURT THUS GRANTED THE
HABEUS CORPUS PETITION WITH RESPECTS TO THE DEPRIVATION OF
BASED ON
MR.TIMERMAN'S LIRRRTY/MIONMENMETHE PEN DECREE ISSUED BY
THE PRESIDENT ON APRIL 21, 1977.
2. THE ACTA INSTITUTIONAL OF JUNE 18, 1976
IN THE ACTA INSTITUTIONAL, WHICH IN DE FACTO REVOLUTIONARY
JURISPRUDENCE HAS THE EQUIVALENCE OF A CONSTITUTIONAL
AMENDMENT, THE MILITARY JUNTA ASSUMED SPECIAL POWERS AND
RESPONSIBILITIES
ANDEMMIXEMEIR TO JUDGE THE CONDUCT OF PERSONS WHO HAVE
CAUSED DAMAGE TO THE HIGHER INTERESTS OF THE NATION. UNDER
THE TERMS OF THE ACTA, ma THE JUNTA HAS DECIDED THAT SUCH
HAVE
ITIOIATIGNS 110110BEEN COWED:TED, THE JUNTA .216110212010EM HAS
THE. PERSONS RESpONSIALE
THE RIGHT TO ISSUE RESOLUTIONS PLACINGIVOMMEMUNDER
THE ACTA AND APPLYING ANY OR ALL THE FOLLOWING MEASURES:
A) DEPRIVATION OF POLITICAL AND LABOR RIGHTS;
B) REVOCATION OF THE CITIZENSHIP OF NATIONALIZED
ARGENTINES;
C) EXPULSION OF FOREIGNERS OR NATURALIZED ARGENTINES
FROM THE COUNTRY;
D) PROHIBITION OF PERSONS FROM EXERCISING ANY PUBLIC
DUTY, EMPLOYMENT OR COMMISSION
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T .) CONFINEMENT OF PERSONS INA PLACE TO BE DETERMINED
BY THE NATIONAL EXECUTIVE POWER (BEGIN UNDERLINING)
WHILE THESE PERSONS MEAT ITS DISPOSITION ('MTD UNDERLINING)
AND PROHIBITING THE ADMINISTRATION OR DISPOSAL OF A PERSON'S
ASSETS UNTIL SUCH TIME AS THE LEGITIMACY OF THE ADQUISITION
OF THESE ASSETS HAS BEEN JUSTIFIED AND PROHIBITING A PERSON
FROM
/-17k:ACTICING THEIR IMICKNERDENEMIKIMERE LEGALLY LICENSED
PROFESSION.
PURSUANT TO JUNTA RESOLUTION No. 6 OF OCTOBER 11, 1977,
SUBSECTIONS (A), (D) and (E) WERE APPLIED TO JACOB� TIMERMAN.
AT THAT TIME, JACOB� TIMERMAN WAS UNDER EXECUTIVE DETENTION
PURSUANT TO THE APRIL 1977 DECREE.
3. TIMERMAN'S ARGUMENT
HAS rdpoRmtp THE EMBASSY THAT HE
TIMERMAN'S LAWYER/FIANS TO ARGUE THAT iii!lanVONMSECTION E OF
THE ACTA INSTITUTIONAL IS NOT AN 11IDEPRNDEDIfOURCE OF
DEPRIVATION OF LIBERTY UNDER ARGENTINE LAW FOR TWO REASONS.
OF
FIRST, TBE EXPRESS IANGUAGE5ECTION E (SPY UNDERLINING)
GRANTS THE GOVERNMENT AUTHORITY TO INTERN A PERSON AT A
PLACE OF THE GOVERNMENT'S CHOOSING WHILE (REPEAT WHILE)
SUCH PERSON IS AT THE DISPOSITION OF THE PEN.
SECONDLY, GRANTING THE GOVERNMENT EXCEPTIONAL DETENTION
POWERS IS A SERIOUS ABRIDGEMENT OF ODOM RIGHTS AND MUST ,
HE WILL TM:CONCLUDE THAT, ,
STEM FROM A CLEAR CONSTITUTIONAL POWER. VORMOINOW, ISX
AS THE SUPREME COURT HAS FOUND THAT THERE IS NO REASOKULE
TIMERMAN
*IS FOR THE CONTINUATION OF THE PEN DECREE AGAINSIMIK
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OPTIONAL FORM 163A
(Formerly FS-413A)
January 1 975
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�
,FTHERE IS NO BASIS' FOR TBE GOVERNMENT TO CONTINUE TO DEPRIVE --1
TIMERMAN OF HIS LTRERTY UNDER SECTION E OF THE ACTA INSTITUTIONAL.
TIMERMAN's LAWYER PLANS TO STRESS THAT THE GOVERNMENT'S,RIGHT
DERIVED'
TO DEPRIVE PERSONS OF LIBERTY IS AN EXCEPTIONAL POWER mmall
OF THE CONSTITUTION.
ONLY FROM ITS STATE OF SIEGE POWERS UNDER ARTICLE 23/� TBE
GOVERNMENT HAS NO INDEPENDENT CONSTITUTIONAL BASIS FOR
DEPRIVING INDIVIDUALS OF THEIR LIBERTY BY ITS OWN EXECUTIVE
ORDER EXCEPT FOR TBE AUTHORITY STEMMING FROM ITS STATE OF
SIEGE POWERS WHICH TBE GOVERNMENT EXERCISES ONLY THROUGH PEN
DECREES. IN SHORT, MERMAN'S LAWYER ARGUES IF THE GOVERNMENT
THE
HAS NO RIGHT TO HOLD A PERSON UNDERTVEN, IT HAS NO RIGHT TO
HOLD A PERSON UNDER TBE ACTA.
4. COUNCIL ON PATRIMONIAL RESPONSIBILITY (CONAREPA)
PROCEEDINGS
THERE HAVE BEEN NO NEW DEVELOPMENTS REGARDING CONAREPA'S
ADMINISTRATIVE REVIEW OH TIMERMAN'S ASS. AS PREVIOUSLY
REPORTED, CONAREPA HAS REQUESTED ADDITIONAL FINANCIAL
RECORDS AND INFORMATION ON THE FIRM IN WHICH TIMERMAN
HAD MAJOR FINANCIAL INTERESTS. COMPLETE FINANCIAL INFORMATION
HAS BEEN SUPPLIED CU THE LA OPINION NEWSPAPER AND ITS PRINTING
PLANT. BUT CONAREPA HAS REFUSED TO ACCEPT FINANCIAL
INFORMATION ON THE TIMERMAN BOOK PRINTING OPERATION AS IT
FORMALLY
HAS NOT DDEMBEJ REQUESTED THE DATA.
CSit DURING RECENT LUNCH MEETING WITH BATT JUST AFTER SUPREME
LICURT'S DECISION, SEVERAL CONAREPA BOARD AND SENIOR MEMBERS
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INDICATED THAT THEY STILL HAD MUCH MORE WORK TO DO REGARDING TH�Er/
TIMEMAN WaTtal.
TIMERMAN'S FAMILY IS CONFIDENT THAT THERE ARE NO IRREGUIARITIES
TO BE UNCOVERED AND CCUTINUES TO PUSH FOR TIMERMAN'S RELEASE
FROM DETENTION WHILE THE CONAREFA'S PROCEEDINGS CONTINUE.
THIS
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BEING DONE IN S EEVRAL OTHER CASES AT PRESENT.
5. GOA REACTION
JACOB� TIMERMAN TOLD THE EMBASSY IN A TELEPHONE CONVERSATION
ON AUGUST 2ND THAT HE HAS RECEIVED NO WORD OF ANY GOVERNMENT
(THIS WAS THE FIRST TIME WE HAVE EVEN GOTTEN THROUGH�TO TIMERMAN ON THE PHONE)
REACTION TO THE SUPREME COURT DECISION4IPRIOR TO THE JULY 31ST
LAMBRUSCHINI BOMBING, DEPUTY NAVY SECRETARY GENERAL LUCHETTA
TOLD POLOFF THAT ADMIRAL MASSERA PLANNED TO RAISE TIMERMAN'S
CASE AT THE REGULAR JUNTA MEETING ON AUGUST 3. CLEARLY, THE
GOVERNMENT HAS A HARD DECISION TO MAKE. TIMERMAN'S LEGAL
CASE FOR HIS RELEASE AFTER THE SUPREME CCURT'S DECISION IS
EVEN STRONGER, ALTHOUGH ALL OBSERVERS AGREE THAT ANY DECISION
REGARDING HIS RELEASE OR CONTINUED DETENTION WILL BE STRICTLY
POLITICAL. WHETHER THE LAMBRUSCHINI BOMBING WILL HAVE AN
EFFECT IS NOT CLEAR, BUT IT COULD MARE A DECISION FAVORABLE
TO TIMERMAN MORE DIFFICULT AT LEAST IN THE NEAR TERM.
6. PUBLIC REACTION
THE GENERAL PUBLIC REACTION TO THE SUPREME COURT'S DECISION
HAS BEEN POSITIVE. THE OPTIMISTIC OBSERVERS BELIEVE THAT THE
TIMERMAN DECISION SIGNALS A NEW ELEMENT OF STRENGTH IN THE
SUPREME COURT. MORE REALISTIC OBSERVERS WHILE SEEING THE
DECISION AS A DEFINITE PLUS, POINT OUT THAT THE TIMERMAN CASE
WAS UNIQUE AS TIMERMAN IS THE ONLY DETAINED PEN PRISONER IN THE
COUNTRY WHO HAS RECEIVED A CLEAN BILL OF HEALTH FROM A
MILITARY TRIBUNAL. THE LAirbR VIEW WAS STRENGHTHENED ON AUGUST
RST WHEN THE SUPREME COURT ANNOUNCED ITS SEC= REJECTION OF
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OPTIONAL FORM 153A
(Formerly FS-413A)
January 1975
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FRE PERMANENT ASSEMBLY'g DIRECT APPEAL FOR THE JUDICIARY TO --]
INTERVENE IN ESTABLISHING THE WHEREABOUTS OF OVER 100 PERSONS
ILLEGALLY DETAINED (i.e.DISAPPEARED) PRESUMABLY BY THE EXECUTIVE.
7. EMBASSY COMMENT
WE DOUBT THAT THE TIMERMAN'S DECISION WILL BE OF VALUE LEGALLY
TO THE OTHER PEN DETAINEES. NOR ARE WE OPTIMISTIC THAT THE GOA
WILL COMPLY WITH THE COURT DIRECTIVE TO REMOVE TIMERMAN FROM ,
Frehol Ed
PEN/ACTA DETENTION. THE MOST LIKELY SCENARIO IS FOR /LITIGATION
WHILE THE NEW VIDELA ADMINISTRATION WORKS ITS WAY TOWARDS
MAKING THE TOUGH POLITICAL DECISION TO ALLOW TIMERMAN TO
LEAVE ARGENTINA. AT A CONVENIENT TIME, WE SHALL TRY TO GET A
READING FROM HARGUINDEGUY.
8. ACTION REQUEST -- APPRECIATE IF DEPARTMENT WOULD BRIEF
CONGRESSMEN CONTE AND GILMAN, RABBI ROSENTHAL OF ADL, STAFF
MEMBERS IN THE OFFICES OF SENATORS HAYAKAWA AND CRANSTON
REGARDING STATE OF PLAY OF TIMERMAN CASE.
fo
Limited Official Use
Classification
Approved for Release: 2018/10/01 C06626861
OPTIONAL FORM 153A
(Formerly FS-413A)
January 1975
Dept of State