FORMER ARGENTINE SUPREME COURT JUSTICE SEEKS USG

UNCLAS BUENOS AIRES 000310 SIPDIS SENSITIVE SIPDIS E.O. 12958: N/A TAGS: PREL PHUM KJUS IAHRC OAS AR SUBJECT: FORMER ARGENTINE SUPREME COURT JUSTICE SEEKS USG SUPPORT IN CASE AGAINST GOA ¶1. (SBU) Polcouns met with former Argentine Supreme Court Justice Antonio Boggiano, who is seeking USG intervention with the Inter-American Human Rights Commission (IAHRC) to accelerate the handling of his case. Boggiano submitted his case to the IAHRC 16 months ago, and his petition was issued a number, meaning it meets in principle the requirements set. However, the case may still be declared inadmissible, or the Commission may find that no violation has occurred. The Ambassador has already spoken twice to the former Justice on the margins of other gatherings where Boggiano asked for U.S. assistance. Boggiano's individual rights do not appear to have been violated, and his case therefore seems to hinge on the issue of judicial independence. See para 5 action request. ¶2. (SBU) Background: In 2005, the Argentine Senate removed Justice Antonio Boggiano from the Supreme Court at the request of the Nestor Kirchner administration on charges of improper performance of official duties. The Senate based its decision on three cases (Meller, Macri, and Dragonetti de Roman) in which Boggiano's levied fines against the state without adequately explaining his decisions. This was the same charge made against fellow justices. Boggian's removal from the Court seems to have met with public acquiescence. Boggiano was removed a few weeks before the 2005 mid-term elections, but his impeachment did not appear to cause public outrage or become an issue in the elections of 2005 or 2007. By most accounts, Nestor Kirchner's campaign to go after Menem appointees (the former president packed the Supreme Court with his nominees after expanding the Court from four to nine justices) resulted in better-regarded appointments, such as Elena Highton and Carmen Argibay. ¶3. (SBU) Boggiano's Argument: Boggiano, a professional jurist with close ties to U.S. legal scholars and practitioners, has argued that the above impeachment charges reflect the Legislature's substantive disagreement with the content of his verdicts rather than proof of improper performance. Further, this Legislative interference in the Supreme Court threatens the separation of powers in Argentina's government. Boggiano also claimed that political differences motivated his removal, namely his dissent on the Lariz Iriondo extradition case in which he stated that all acts of terrorism should be classified as crimes against humanity, whether state-sponsored or by guerilla groups. An admirer of the U.S. justice system, he believes he was unfairly singled out, among other reasons, because of prejudice against his ties with the Cathlic Church and Opus Dei. Inter-American Human Rights Commission -------------- ¶4. (SBU) Post understands that the IAHRC assigned Boggiano's petition a number (P-1247-06),which indicates that the petition, in principle, meets the requirements established by Convention, and that the IAHRC will review the petition. Boggiano filed his petition November 10, 2006, but has not heard back from the IAHRC since November 22, 2006, when it advised him that the petition was under consideration. Post does not know if this timespan is normal for IAHRC. Boggiano is asking the USG to urge the IAHRC to take his case, or at a minimum, to accelerate the handling of his case. ¶5. (SBU) Action Request: Post requests Department's guidance on how to respond to Boggiano's request for USG intervention with the IAHRC to expedite a response to his petition. WAYNE