TIMERMAN CASE UPDATE - 1978/09/07

• Document Type: SPECIALCOLLECTION
• Collection: Argentina Declassification Project - The "Dirty War" (1976-83)
• Document Number (FOIA) /ESDN (CREST): 06626859
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 5
• Document Creation Date: April 3, 2019
• Document Release Date: April 12, 2019
• Publication Date: September 7, 1978

Approved for Release: 2018/10/01 C06626859 ILLEGIB
cati 7042
081429Z SEP 78
'OULU-it k
FROM CLASSIFICATION
AMEMBASSY BUENOS AIRES
E.O. 11652: GDS
- TAGS: SHUM , � AR
SUBJECT: TIMERMAN CASE UPDATE
ACTION: SECSTATE WASHDC
INFO USCINCSO QUARRY HTS CZ
--EONFTBENTIAL_FtNOS AIRES 7042
REF: A) BUENOS AIRES 5646, B) BUENOS AIRES 6074
SUMMARY: There still has been no formal response by the
IN
71 COLLECT
CHARGE TO
AMB GOA to the July Supreme Court decision declaring Timerman's
DCM
POL 3 detention under the Poder Ejecutivo Nacional illegal. Now
POL/R
ECOM there are indications that the government is seeking an
ICA
RF extra-legal way to resolve the "Timerman problem".
CHRON
END SUMMARY.
1. To date neither the Presidency nor the Ministry of
Interior has acknowledged the July 20 Supreme Court
decision which held that there was no reasonable basis
for the former editor Of LA OPINION to be detained by
the Poder Ejecutivo Nacional (PEN). (See Reftel A.)
Timerman's lawyer has filed a legal motion requesting
the immediate freedom of his client and plans to present
1
DRAFTED BY DRAFTING DATE TEL. EXT. CONTENTS AND CLASSIFICATION PROVED BY
POL:FAHarris:.k POLCOUNS:WHHallma
CLEARANCES
ICA: JRH iggins4C
DCM:MChapli
50152-101
9/7/78
278
CLASSIFICATION
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OPTIONAL FORM 152(H)
(Formerly FS-413(H))
January 1975
Dept of State
41,
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� Clussificatton
r another motion during the week of September 11
requesting the judicial power to order Timerman's
release.
2. Timerman's legal strategy has been to proceed
step by step, pursuing his legal remedies to minimize
the confrontations his efforts could occasion between
the Executive and the Judiciary. Timerman's successful
appeal to the Supreme Court focussed entirely on the
6
unreasonableness of his "Poder Ejecutivo Nacional --
PEN -- detention. His brief and subsequent pleadings
explicitly did not address the specific issues of
his liberty or the Acta Institucional. Now with a
favorable Supreme Court decision in hand attesting to
the illegality of his PEN detention, Timerman is
seeking his immediate freedom, and challenging his
detention under the Acta Institucional.
3. To date the Argentine government's only response
has been to suggest to Timerman informally that if
he applied for the right of option to leave Argentina,
it would probably be granted. According to reports
from the family, Timerman flatly rejected this
suggestion as he considers-his PEN detention to be
illegal and refuses to legitimize it by requesting
the right of option.
L 4. Minister of the Interior Harguindeguy in late
FORM
4-68 FS-413(H)o
(CONTINUATION SHEET)
CONFIDRNTIAL
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� we
we
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Page
of
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August mentioned to visiting American'newsmen that
the government of Argentina planned to resolve the
Timerman case by expelling him to Russia, Poland,
Israel or any other country which would receive him.
Harguindeguy told the newsmen flatly that Timerman
had been stripped of his citizenship, and so he
could be expelled. Timerman's lawyer however
confirmed our inf
1977 decree again
has removed Timer
of Section 2 (b)
therefore believe
5. We have inqui
with the Timerman
that Timerman rem
Argentina, but is
manner which woul
Both agreed that
"acceptable".
6. EMBASSY COMMEN
tion of the Time
we believe that it
Interior's positio
"Timerman case".
cional, the Presid
rmation that neither:- the November 10,
t him, nor any subsequent decree
n s citizenship through application
f the Acta Institucional. Timerman
that he is-still an Argentine citizen.
ed about Harguindeguy's comments
s son and attorney. Both indicate
ins extremely anxious to leave
not prepared to do this in any
legitimize his illegal detention.
expulsion order would be
FORM
4-68 FS-413(H)o
(CONTINUATION SHEET)
: Although Harguindeguy's descrip-
n case was technically incorrect,
reflects at least the Ministry of
regarding the resolution of the
nder 2 (b) of the Acta Institu-
nt or the Junta is empowered to
Classification
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'Classification
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I- remove the citizenship of naturalized Argentine
citizen charged under the Acta. Once that occurred,
the President or the Ministry of the Interior could
legally expel the "denaturalized" citizen from
Argentina. It would be a neat and legal solution
which has no relation to Timerman's PEN detention
nor)the Supreme Court's decision. END EMBASSY
COMMENT.
FORM
4-68 FS.413(H)o
(CONTINUATION SHEET)
CAS TRO
CONFIDENTIAL
Cleasefication
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