AMBASSADOR'S NOVEMBER 27 MEETING WITH ARGENTINE

C O N F I D E N T I A L BUENOS AIRES 002630

SIPDIS

SIPDIS

E.O. 12958: DECL: 11/27/2016
TAGS: PGOV PREL KJUS FBI AR
SUBJECT: AMBASSADOR'S NOVEMBER 27 MEETING WITH ARGENTINE
SUPREME COURT

REF: A. BUENOS AIRES 2569

B. BUENOS AIRES 2485

C. BUENOS AIRES 2451

D. BUENOS AIRES 452

Classified By: Ambassador E. Anthony Wayne for Reasons 1.4 (b) and (d).


1. (C) Summary: On November 27, Ambassador discussed
judicial reform issues with members of the Argentine Supreme
Court, including outgoing President Enrique Petracchi,
incoming President Ricardo Lorenzetti, and Justices Juan
Carlos Maqueda, Elena Highton, and Carmen Maria Argibay. The
Justices noted the benefits of judicial exchanges with U.S.
counterparts, and the Ambassador offered to continue the
exchanges as well as assist in organizing seminars on the
U.S. accusatory system, judicial efficiency, and case
management. When asked about the status of the Supreme Court
investigation into the 1992 terrorist attack on the Israeli
Embassy, Petracchi admitted that the investigation has made
little progress. On the 1994 attack on the Argentine-Israeli
Mutual Association (AMIA),the Ambassador expressed
appreciation for the efforts made by the judge, attorney
general, and investigators in bringing to justice the
perpetrators of the attack. The Ambassador reiterated U.S.
support for Argentina's efforts on the case. He said the
United States does not wish to politicize the matter, but
wants to support efforts to bring terrorists to justice. End
Summary.

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U.S.-Argentina Enjoys Close Judicial Relationship
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2. (C) On November 27, Ambassador discussed judicial reform
issues with members of the Argentine Supreme Court, including
outgoing President Enrique Petracchi, incoming President
Ricardo Lorenzetti, and Justices Juan Carlos Maqueda, Elena
Highton, and Carmen Maria Argibay. The Ambassador noted the
important role the U.S. and Argentine Supreme Courts play in
upholding the principles of balance of power between, as well
as the checks and balances of, the three branches of
government. Petracchi observed that the Argentine
constitution and Supreme Court are modeled after the United
States. As a result, the Argentine Supreme Court has enjoyed
a "doctrinally close relationship" with the U.S. Supreme
Court over the years. Having benefited from meetings with
Justice Scalia as well as former Justices O'Connor and
Brennan, Petracchi welcomed continued dialogue with his U.S.
counterparts. The Ambassador mentioned his own experience
facilitating such dialogue between the U.S. Supreme Court and
other Courts around the world and offered support to deepen
the U.S.-Argentine judicial relationship.


3. (C) Justice Highton praised the U.S. judicial exchange
program, noting that the program helped to educate officials
from the Ministry of Justice, Council of Magistrates, and the
judiciary, as well as NGOs. She noted that these programs
have taken into account Argentina's needs, and that
participants draw what they can from the U.S. experience and
apply it to the Argentine system. The Ambassador stated that
U.S. judges, lawyers, and attorney generals also benefit from
the exchanges.


4. (C) Turning to a discussion on Argentina's judicial
reform efforts, Petracchi argued that "the Congress'
solution" (i.e., reform proposed by Senator and First Lady
Cristina Kirchner) to reduce gradually the number of Supreme
Court Justices from nine to five helps to restore the Court's
credibility and judicial independence. He stated that public
confidence in the judicial system declined significantly with
former President Menem's decision to increase the Court from
five to nine justices in the 1990s. This enabled Menem to
have an automatic majority that would support his executive
decrees. The Ambassador recalled that efforts to expand the
Supreme Court in the United States met with similar public
resistance and highlighted the importance of judicial
independence. Petracchi agreed, adding that checks and
balances as well as the rule of law are essential in
maintaining the integrity of the judicial system.


5. (C) Petracchi also argued that the proposed judicial
reforms will enable the Argentine Supreme Court to rule on
some high-profile and difficult cases, as the number of
justices needed to obtain a majority opinion will decrease
from five to four until the court's size is reduced to five
justices, when the number of justices needed to obtain a
majority opinion will be reduced to three. As such,
Petracchi believes the Supreme Court will be able to ule by
early 2007 on the constitutionality of the GOA's decision to
"pesify" Argentine deposits and annuities during the 2001-02
financial crisis.


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Judicial (In)Efficiency
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6. (C) The Ambassador asked about other institutional
challenges, Justice Highton stated that the Supreme Court's
"overwhelming caseload" is its biggest challenge. The
Supreme Court has 15,000 cases a year, and it is impossible
for the Court to rule on each one. With this very heavy
caseload, there are significant delays in judicial hearings
which creates the additional burden of overcrowded prisons.
She argued that the Supreme Court should only hear the most
important cases. Petracchi added that the Argentine Supreme
Court, like its U.S. counterpart, has the discretion to
determine which cases it will hear (i.e., writ of
certiorari),but acknowledged that they rarely exercise this
authority. The Ambassador suggested that judicial efficiency
and case management issues could be topics for future
seminars or digital video conferences. Petracchi and the
other Justices agreed.

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AMIA and the 1992 Israeli Embassy Bombing Investigation
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7. (C) Turning to counterterrorism cooperation, the
Ambassador asked about the progress of the Supreme Court's
ongoing investigation into the 1992 bombing of the Israeli
Embassy. Petracchi explained that, unlike the 1994 attack on
the Argentine-Israeli Mutual Association (AMIA),the Supreme
Court has jurisdiction over the investigation of this attack
since it involved a diplomatic building. He noted that the
investigation has made little progress, citing incomplete,
and sometimes confusing intelligence. The Ambassador
expressed appreciation for the efforts made by the judge,
attorney general, and investigators of the AMIA attack. He
stated that he understood the difficulties associated with
re-investigating the attack and asking again for
international cooperation in bringing terrorists to justice.
The Ambassador reiterated U.S. support for Argentina's
efforts on the case. He stressed that the U.S. government
does not wish to politicize the matter, but wants to work to
see that the perpetrators of this terrorist attack are
brought to justice. Petracchi thanked the Ambassador for his
support. Both the Ambassador and Petracchi agreed to
maintain a strong dialogue.
WAYNE