ARGENTINA: WHA A/S SHANNON AND AMBASSADOR WAYNE

UNCLAS BUENOS AIRES 001052 SENSITIVE SIPDIS E.O. 12958: N/A TAGS: PGOV PHUM KJUS KCOR AR SUBJECT: ARGENTINA: WHA A/S SHANNON AND AMBASSADOR WAYNE MEET WITH CHIEF JUSTICE LORENZETTI REF: BUENOS AIRES 00643 ¶1. (SBU) Summary: WHA A/S Shannon and Ambassador Wayne met with Argentine Chief Justice Lorenzetti on July 11 to discuss bilateral cooperation in the area of judicial reform. Lorenzetti praised the Argentine Supreme Court's close cooperation with the Embassy and the U.S. Supreme Court, citing a number of Embassy-sponsored programs and judicial exchanges. On judicial reform, he explained that the Court's priorities are strengthening the rule of law and judicial authority. He noted that progress in transitioning to a U.S.-style judicial system has been "mixed", adding that major judicial changes should be done gradually. A/S Shannon praised the Court's reform efforts and asked what more can be done to help. Lorenzetti noted the growing demand for judicial services and the need to improve access to the courts for the poor. To address these issues, he expressed an interest in expanding alternative dispute resolution mechanisms such as arbitration. Lorenzetti also highlighted efforts to improve public access to the Court by broadening dissemination of its rulings and opening more Court proceedings. When A/S Shannon asked about the GOA's efforts to try cases related to human rights abuses committed during the military dictatorship, Lorenzetti said there is strong public support for redressing the most egregious cases. He stressed, however, that even when the Court tries cases for crimes against humanity it must ensure due process for all. End Summary. ¶2. (SBU) Assistant Secretary for Western Hemisphere Affairs Tom Shannon and Ambassador Wayne met with Chief Justice Ricardo Lorenzetti on July 11 during Shannon's July 10-12 bilateral consultations visit. Justices Elena Highton de Nolasco and Juan Carlos Maqueda were also present. -------------- Strong Relations with the United States -------------- ¶3. (SBU) Lorenzetti claimed the Argentine federal justice system was originally modeled on the U.S. system, and that it continued to look to the U.S. for inspiration. He praised the U.S. Embassy's ongoing close cooperation on several projects with the Court. Lorenzetti noted that our similar constitution, political system, and institutions, in addition to specific exchanges on issues, such as access to justice and technology, help facilitate this close partnership. He referenced the importance of the U.S.-sponsored Justice Under Change program, which began in 2001. Justice Highton, who studied law at Harvard, chimed in noting U.S. efforts to help Argentina strengthen its institutions and the robust cooperation at the university level, including student exchange programs. The Ambassador highlighted an Embassy-Sponsored youth program for high school students called "Judges Go to School" as another example of our ongoing cooperation. Highton readily agreed, noting that the program allows students to participate in mock trials. Lorenzetti also noted the Argentine Court's close working relationship with the U.S. Supreme Court. He said his Court will be hosting in the next year or so a hemispheric meeting of Supreme Court presidents. (Note: This is an initiative launched in 1995 by then-U.S. Supreme Court Chief Justice William Rehnquist.) -------------- A Challenging Road Ahead -------------- ¶4. (SBU) A/S Shannon noted that, throughout the region, judicial reform had not kept pace with Latin America's remarkable economic and political progress over the last 25 years. In reply, the Chief Justice stated that economic development is important and relayed that the Court is seeking to tackle the key areas important to any democracy first, such as strengthening the rule of law and judicial authority in Argentina. He acknowledged that reforming the judicial system is a big challenge given Argentina's complicated government structure, adding that 50 years ago a judge's job was much simpler. He indicated that he favors a gradual, rather than drastic, approach to implementing major judicial changes. -------------- "Mixed Progress" in Penal Reform -------------- ¶5. (SBU) A/S Shannon then asked about the status of Argentina's transition from an inquisitorial penal justice system to an accusatorial one. Lorenzetti described Argentina's progress as "mixed" with some provinces making more headway in implementation than others. He explained that judges still direct the investigation process. Justice Highton added that many judges and attorneys have a hard time making the transition, no matter how much retraining they get. -------------- Efforts to Improve Access to Courts -------------- ¶6. (SBU) A/S Shannon praised the Court's judicial reform efforts and asked what more can be done to help Argentina in this regard. Lorenzetti said a major challenge for him was to secure sufficient resources to address the rapidly growing demand for judicial services. In that connection, he is interested in exploring and expanding alternatives such as arbitration and greater access to the courts for the poor. Lorenzetti told A/S Shannon and the Ambassador that the Court is striving to make the Court more accessible by broadening dissemination of its rulings and opening more Court proceedings to the public. He said allowing the public to observe Court proceedings serves an educational purpose, in addition to providing greater transparency. A/S Shannon agreed, noting that televised court programs in the U.S. helped to educate the public on the U.S. legal system. -------------- The Chief Justice on Human Rights -------------- ¶7. (SBU) A/S Shannon asked the Chief Justice about public attitudes towards human rights cases related to abuses during the 1976-1983 military dictatorship. The Chief Justice said there was strong support for redressing the most egregious cases. The Court's concern was also to guarantee due process for all those on trial, even for crimes against humanity. -------------- Bio Note -------------- ¶8. (SBU) Lorenzetti is soft-spoken and has a warm and welcoming demeanor with U.S. officials. He is acquainted with the U.S., having served as an assistant professor at Austin University in Texas. Born in 1955, Lorenzetti hails from Rafaela in Santa Fe. He received his law degree from Universidad Nacional del Litoral in Santa Fe in 1978 and has a Ph.D. in Social and Legal Sciences. He practiced law and remained active in academia prior to being appointed to the Supreme Court in December 2004. Lorenzetti is a prolific author, having written over twenty books in Argentina and one hundred plus articles for various Argentine publications. ¶9. (U) This cable was cleared by WHA A/S Shannon. WAYNE