ARGENTINE JUSTICE MINISTER PROPOSES OVERHAUL OF

C O N F I D E N T I A L SECTION 01 OF 02 BUENOS AIRES 001964 SIPDIS SIPDIS E.O. 12958: DECL: 09/30/2017 TAGS: PGOV PREL ECON SNAR KJUS KCRM EAID KCOR PHUM AR SUBJECT: ARGENTINE JUSTICE MINISTER PROPOSES OVERHAUL OF CRIMINAL PROCEDURAL CODE REF: BUENOS AIRES 1946 Classified By: Ambassador E.A. Wayne for Reasons 1.4 (b,d) Summary -------------- ¶1. (C) GoA Justice Minister Alberto Iribarne briefed the Ambassador September 26 on his draft proposal to reform the federal criminal justice system (other discussion topics reported Ref A and septel). The reforms, based on the recommendations of a Special Commission, aim to alter the rules of evidence and criminal procedures and complete the transition from an inquisitorial to an accusatorial justice system. Iribarne also pointed out that the overarching goal is to improve efficiency and execution in the legal system, leading to speedier convictions and acquittals. Iribarne claimed there was strong support in the legal community for the reforms, and was also counting on President Kirchner's approval of the proposal. Nevertheless, the Minister expects some resistance, particularly from old-school judges. The Ambassador highlighted FBI and Department of Justice training programs, which should complement and support the Minister's proposed reforms. End Summary. Much-Needed Overhaul of Legal System -------------- ¶2. (C) Justice Minister Iribarne clarified recent reports in the local press that the GoA had prepared a draft law to implement ambitious reforms to the Federal Code of Criminal Procedure. He noted that his Ministry was drafting legislation for legal reform based on the findings and recommendations of a Special Commission of academics and judges, constituted by his predecessor. He said his initiative will do more than build on top of previous reforms. Rather, it will be a comprehensive rewrite of the procedural code, resolving inconsistencies generated over the last 15 years of piecemeal amendments to the code, the most recent of which happened in 2002. ¶3. (C) Iribarne commented that the Ministry had tried to present similar reforms in early 2006, but the media had politicized it by alleging that the package was an attempt to decriminalize abortion. This set back the initiative, but Iribarne said he had recovered by including legislators in the commission. These legislators played a key role in reaching consensus within the committee on the more politically sensitive aspects of the reform proposals. �0A;Justice Ministry's Next Steps -------------- ¶4. (C) Iribarne argued that many judges, prosecutors, and private law firms support the reforms, and he also believed that President Kirchner approved the proposal. Iribarne said he planned to send the proposal soon to the President for signature, and hoped to introduce it to the new Congress in December. While he was aware of some potential resistance that could complicate passage through Congress -- particularly from old-school judges -- he considered this much lower than in 2002 (if only because Kirchner has appointed many new judges with more modern ideas). ¶5. (C) Following Congressional passage of the law, the GoA would then need to develop implementing legislation. Iribarne conceded that most reform initiatives fail in Argentina during the implementation stage, usually for three reasons: 1) the GoA fails to follow-through on funding; 2) the efforts are usually too ambitious; and 3) the GoA often attempts to implement the reform in the large and legally complex Buenos Aires region. Therefore, the Ministry is moving carefully on design, implementation, and budget, and the plan is to start in Federal Courts in the Province of Cordoba, or one of the other "more prepared" provinces. (Comment: Cordoba is much more advanced than the rest of Argentina in terms of provincial legal reform, and has been working for approximately 50 years to implement an accusatorial legal system. U.S. law enforcement agencies have traditionally had their best cooperation with Cordoba Province's courts and law enforcement agencies.) Overview of Proposed Legal Reforms -------------- ¶6. (SBU) The Special Committee's recommendations, which will be encapsulated in the Minister's draft legislation, aim to alter the rules of evidence and criminal procedures and BUENOS AIR 00001964 002 OF 002 complete the transition -- moving by fits and starts over many years -- from an inquisitorial to an accusatorial justice system. ¶7. (SBU) A key change will be that the new law will strip the power and authority of federal judges as investigating magistrates. It will transfer the authority and responsibility of directing investigations to federal prosecutors, thereby transforming the magistrate into an impartial judge of the facts. The judge will not be involved in the investigative process except for issuing warrants and deciding bail until the trail. ¶8. (SBU) The changes will empower prosecutors to take statements and depositions that only magistrates are currently allowed to conduct. The prosecutors will have six months in which to complete an investigation before issuing criminal charges or dismissing the case. Pretrial detention is further defined and will require a defendant's pretrial detention to be reviewed every three months, with a maximum pretrial detention period of two years. ¶9. (SBU) The bill is also designed to promote greater efficiency in the legal process by establishing deadlines for trails to be carried out from the time of the arrest: two years for minor cases and four years for major crimes. It will also shorten the appeals process by creating new appeals courts. Other provisions in the bill further define victims' rights, plea bargaining, probation, and reduction of the offense charge if a defendant has no prior criminal history. FBI training seminars -------------- ¶10. (SBU) The Ambassador and Legatt outlined recent and proposed FBI training programs, noting that these would complement and support the Minister's proposed legal reforms. In June 2007, the U.S. Embassy, Department of Justice, FBI, and Argentina's Attorney General's Office organized two one-week training seminars on Trial Advocacy in an Accusatory Criminal Justice System for approximately 100 Argentina federal prosecutors and law enforcement officers, including from the provinces of Buenos Aires and Cordoba. The training programs focused on developing prosecutorial skills, case presentations, introduction of evidence, and examination and cross-examination of witnesses. The Legatt's office hopes to repeat the course in FY 2008. The FBI and Justice Department are also developing a workshop for judges and prosecutors designed to provide background and tools available pursuant to our bilateral extradition treaty and Mutual Legal Assistance Treaty (MLAT). Comment -------------- ¶11. (C) From the perspective of our bilateral law enforcement cooperation, such reforms are welcome and overdue. Because the Argentine judicial system has no Speedy Trial Provision, drug cases, for example, take a long time to get to prosecution. Argentine judges and prosecutors control the entire investigation and thus dictate the direction of a case. Police do not have independent authority to take an investigation into a different investigative channel. This also leads to corruption, including among the judges and prosecutors themselves. One result is that wealthy criminals are able to pay their way out of jail, at least while they wait for trial, while less powerful or poor criminals languish in prison for years before their cases are heard. The proposal faces numerous hurdles. First, it is unclear that Iribarne will remain as Justice Minister in the next administration (which takes office December 10),and, if not, what will happen to the reform plan. Furthermore, even if the President signs the draft law and sends a strong signal of support, the GoA (and Justice Ministry) faces an uphill battle getting the reform bill through Congress, given the reports of strong opposition from provinces in the interior of the country. Finally, even after successful passage, implementation will likely take decades. However, at least on paper Argentina would have a much more effective and fair judicial system, one much closer in design to the U.S. system of justice. End Comment. WAYNE