ARGENTINA: SPECIAL ENVOY RICKMAN RAISES SAIEGH

C O N F I D E N T I A L BUENOS AIRES 000968

SIPDIS

STATE FOR GREGG RICKMAN, SPECIAL ENVOY DRL/SEAS
NSC FOR KOSAK AND ABRAMS
L FOR KEVIN BAUMERT

E.O. 12958: DECL: 07/15/2018
TAGS: PGOV PREL ECON PHUM AR
SUBJECT: ARGENTINA: SPECIAL ENVOY RICKMAN RAISES SAIEGH
CASE WITH GOA OFFICIALS

REF: BUENOS AIRES 01924

Classified By: AMBASSADOR E. ANTHONY WAYNE FOR REASONS 1.4 (B) AND (D)


1. (C) Summary. On July 2, visiting Special Envoy for
Monitoring and Combating Anti-Semitism Dr. Gregg Rickman met
with Eduardo Saiegh, an Argentine Jew who gave up his bank
under duress, after being kidnapped and tortured for a week
by the military dictatorship in 1980. Saiegh reviewed the
points of his case (ref A) and requested USG assistance in
developing an action plan to urge the GOA to resolve the
matter. On July 3 Rickman and DCM Kelly met with MFA
Director General for Bilateral Affairs Vicente Espeche Gil to
raise Saiegh's case. Espeche Gil expressed surprise that
Rickman raised the case, stating that the response Rickman
had previously received in Washington from Argentine
Ambassador Hector Timerman "is the official Argentine
position on the matter." He added politely, yet firmly, that
"Argentina does not recognize the USG's interest in this
case." In a separate meeting with the Ministry of Justice's
Secretary of Human Rights Eduardo "Luis" Duhalde later that
day, the Secretary stated that he found Saiegh's case
"difficult to resolve through the administrative process" and
recommended that Saiegh pursue his case through the Argentine
courts. End Summary.

-------------- --------------
RICKMAN ASSURES SAIEGH HE WILL RAISE CASE WITH GOA
-------------- --------------


2. (C) On July 2, visiting Special Envoy for Monitoring and
Combating Anti-Semitism Dr. Gregg Rickman, Foreign Affairs
Officer Karen Paikin, and Embassy officials met with Eduardo
Saiegh, an Argentine Jew who gave up his bank under duress,
after being kidnapped and tortured for a week by the military
dictatorship in 1980. Saiegh reviewed the main points of his
case (as reported in ref A) and requested USG assistance in
developing an action plan to urge the GOA to resolve the
matter. Rikman assured Saiegh that he would raise his case
with Argentine authorities to ask that his case be addressed
fairly.

-------------- --------------
MFA'S RESPONSE: SAIEGH MUST GO THROUGH THE COURTS
-------------- --------------


3. (C) On July 3, Rickman, DCM Kelly, Paikin, and poloff met
with MFA Director General for Bilateral Affairs Vicente
Espeche Gil to raise the human rights case of Eduardo Saiegh.
Rickman explained that he was not defending the merits of
Saiegh's case, but asked that he be treated fairly and with
justice. Espeche Gil expressed surprise that Rickman raised
the case, and politely, yet firmly, stated that Argentina's
Ambassador to the United States Hector Timmerman had already
explained to Rickman the GOA's position on the case. He said
that Saiegh is an Argentine citizen who has access to the
judicial system. If Saiegh is not satisfied with the outcome
in the courts, he can take the matter to the Inter-American
Commission on Human Rights (IACHR). He also reiterated that
the GOA "does not acknowledge the USG's interest in this
case," adding that "all Argentines have access to justice and
that Saiegh is no exception." Rickman thanked Espeche Gil
for his response and stressed that the USG's interest in the
case is seeing that Saiegh is treated fairly under Argentine
law.

-------------- --------------
DUHALDE'S RESPONSE: ADMINISTRATIVE SOLUTION "TOO DIFFICULT"
-------------- --------------


4. (C) Later that day, Rickman, DCM Kelly, Paikin, and
poloff discussed Saiegh's case with the Ministry of Justice's
Secretary of Human Rights Eduardo "Luis" Duhalde.
Duhalde was accompanied by Senior Advisor Rodolfo Mattarolo
and National Director for International Affairs on Human
Rights Isssues Andrea Gualde. Rickman began by asking
whether the GOA had a process whereby Argentine victims of
the 1976-83 "Dirty War" could: 1) seek reparations from the
GOA for the human rights abuses committed; and 2) seek
restitution for assets seized during the military
dictatorship. Duhalde stated that the GOA had a process for
reparations, but not restitution. He explained that there
are three different avenues for victims who seek reparations:
1) for those who "disappeared" during military rule, a fixed
payment was given to next of kin; 2) for political prisoners,

payment is calculated on the basis of the number of days the
person was detained; and 3) for children who were born in
captivity and later illegally adopted by military families,
payment is calculated based on when they were taken and
injuries. He indicated that citizens seeking restitution of
assets confiscated during the military regime seek redress in
the courts.


5. (C) Rickman encouraged Duhalde to consider developing a
process whereby Argentine citizens whose assets were
confiscated during the military regime could seek
reparations. Referring to his experience in developing such
a process to address the claims of Jewish victims whose
assets were confiscated under Nazi Germany, he suggested that
this would provide victims the opportunity to come forward
with their claims, offer evidence proving prior ownership,
and apply for compensation. Duhalde replied that these
issues are addressed by Argentina's judiciary, and that the
law provides guarantees against impunity. Echoing Espeche
Gil's response earlier, Duhalde also indicated that
individuals who believe they did not receive justice, can
take their case to the Inter-American Commission on Human
Rights to request their assistance in reaching a "friendly
resolution" to the dispute.


6. (C) Duhalde then noted that restitution cases are often
difficult to prove because the military dictatorship made
many illicit transactions using fake documents. Rickman
pointed out that when he was working to resolve similar
restitution claims in Europe dating back from the Nazi era,
many claimants were able to establish ownership even after
fifty years. Matarollo quipped, "That is Germany," noting
that Germany is much better at recordkeeping. He also
indicated that during the military dictatorship, it appeared
that Saiegh's bank was "voluntarily liquidated" and not given
up under duress.


7. (C) In Saiegh's case, Duhalde explained that he provided
a legal opinion that Saiegh's experience was consistent with
the methodology employed by the military dictatorship against
victims of state terrorism including discrimination for being
Jewish. He stated, however, that it was not legally binding
and that it is "not within my power" to resolve Saiegh's
case. He opined that Saiegh's case was "too difficult to
resolve through the administrative process" and recommended
that Saiegh pursue his case "through the Argentine courts."
Mattarolo indicated that he was sympathetic to Saiegh's
concerns, and suggested that he file a claim against the
state or even against the perpetrators themselves. He added,
however, that Saiegh's case was not a case of discrimination
because the military junta's "illegal repression was general
and widespread". Rickman closed the meeting by thanking
Duhalde for the explanation and reiterating U.S. interest in
seeing Saiegh's case resolved fairly and with justice.

-------------- -
EPILOGUE: SAIEGH TO MOVE FORWARD IN THE COURTS
-------------- -


8. (C) Poloff briefed Saiegh on the outcome of the meetings
on the margins of the Embassy's July 4th reception. Later
that same evening, Saiegh told poloff that he had a long
discussion with Secretary Duhalde who was also present at the
reception. Saiegh asserted that Duhalde told him he would
support his case in the courts and that continued U.S.
interest in the case would help move the process forward. He
thanked poloff for Rickman's and the Embassy's efforts to
raise his case with the GOA and said he believed that
pursuing his case through the federal courts in addition to
the commercial courts would be the next step in seeking
justice. Afterwards, poloff separately raised the matter
with Duhalde who only confirmed that he recommended Saiegh go
through the courts.


9. (U) This cable was cleared by Special Envoy Gregg
Rickman.
WAYNE