ARGENTINA: COURT CONVICTS EX-ARMY CHIEF FOR DIRTY WAR

UNCLAS BUENOS AIRES 001039 SENSITIVE SIPDIS DRL FOR CATHERINE NEWLING E.O. 12958: N/A TAGS: PHUM PGOV KJUS MARR AR SUBJECT: ARGENTINA: COURT CONVICTS EX-ARMY CHIEF FOR DIRTY WAR CRIMES REF: A) 07 BUENOS AIRES 1416 B) 07 BUENOS AIRES 2033 ¶1. (U) On July 24, 81 year-old Luciano Benjamin Menendez, an Argentine ex-army General, was sentenced to life in prison for the 1977 kidnapping, torture and killing of four left-wing activists. Menendez must serve a life sentence in prison since a 2007 law was passed stating that all military officials convicted of crimes against humanity must serve their sentences in an ordinary prison. Most individuals who have been convicted for human rights abuses during the 1976-83 military dictatorship and who are over 70 or in ailing health are serving their sentences under house arrest. ¶2. (U) Ricardo Ramon Lardone, a civilian who worked for military intelligence, and former military members Hermes Rodriguez, Jorge Acosta, Luis Manzanelli, Carlos Vega, Carlos Diaz and Oreste Padovan, were also found guilty of the same crimes. Their sentences range from 18 years to life in prison. Secretary of Human Rights Eduardo Luis Duhalde, and human rights organizations Madres de la Plaza de Mayo and Abuelas de la Plaza de Mayo, praised the decision. ¶3. (U) Earlier that day, Menendez read a prepared statement in front of live television cameras and a hostile crowd in which he justified the military regime's repression as necessary in the face of a leftist militant threat by armed guerilla groups such as the Montoneros. In an indirect reference to the Cristina Fernandez de Kirchner administration, he told the courts prior to his sentencing that "Argentine society was involved in a war provoked by international Marxists -- the same people that still persist in their obscure aim . . . The difference is a sad one for our homeland as before the terrorists were living illegally and now they do so within the law, pretending to be peaceful citizens, respecting the law and the constitution." Menendez claimed that the "armed guerillas can not say that they acted in defense of democracy" and lamented that Argentina is the only country that put its "victorious soldiers" on trial. ¶4. (SBU) Left-of-center Critica published an op-ed piece by Martin Caparros, an award-winning novelist and self-proclaimed ex-Montonero, who reluctantly and ironically agreed with Menendez's claims. He explained that the "Marxist subversion...wanted, without a doubt, to challenge power in Argentina and radically change the social order. We did not want a capitalist and democratic country: we wanted a socialist society, without a market economy, without inequality, without exploiters and exploited. We did not indicate precisely what political form these goals would take, but without a doubt, it would not be the 'bourgeoisie democracy' that we condemned any opportunity we had." ¶5. (SBU) Caparros also asserted that "it is a lie when ex-Montoneros claimed that they were fighting for democracy when in reality they were promoting armed struggle as the only way to power." He added that it is the same lie former President Nestor Kirchner makes when he claims that the CFK administration fights for the dreams of the 1970s militants. He asserted that Argentine society has revised the history of the so-called 'Dirty War' claiming that "the majority of Argentines have forgotten that they were against revolutionary violence, that they preferred capitalism, and that they were very satisfied when the military acted to restore order." -------------- Comment -------------- ¶6. (SBU) As noted in reftels, Argentine society remains deeply divided over the legacy of the 1976-83 military dictatorship. While the overwhelming majority of Argentines will say that the military response to the 1970s armed guerrilla groups was disproportionate to the actual threat the guerillas posed, there appears to be strong sentiment that ex-members of the armed guerillas should also be held accountable for their terrorist attacks and political assassinations. The Court decision is unlikely to cause a political backlash in the Argentine military, since the generation implicated in these crimes is largely out of the military and today's military is a professional force subject to civilian authority.