Page 88 - Argentina - Carter, Regan, and Bush VP

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OP IMMED /ROUTINE
UTS551
DE RUSS3A #7745/2 27K1330
C R 260900Z SEP 30
FM AMEMEASSY BUENOS AIRES

TO SECSTATF WASHDC IMMEDIATE 6893
INFO USMISSIOH GENEVA 1345
AMEMEASSY LIMA 3679
AMEMEASSY ROME 892
USMISS ION US UN NEW YOF.T 1152

CONFIDENTIAL SECTION 2 OF 2 BUENOS AIRES 771:5

EXDIS
ROME FOR VATICAN OFFICE
DEPT PLS PASS USCINCSO FOP. INTAFF
—THE MILITARY ARE UNlflLLINC- TO USE CIVILIAN COURTS TO
PUNISH ACTIVE TERRORISTS. THEY ARGUE ThAT THE COURTS
WOULD SIMPLY LET THE TERRORISTS GO. IN VIEW OF THE
STIFF SENTENCES HANDED OUT RECENTLY TO TERP.ORISTS
CAPTURED IN EARLIER YEARS, THIS ARGUMENT IS NO! CONVINCING.
WE EFLIEVE THAT THE PROBLEM IS FOUNDED FIRST IN THE
INABILITY OF TEE MILITARY TO PRODUCE EVIDENCE FOR USE
IN THE COURTS AC-AINST MEN AND WOMEN FANATICALLY DEDICATED
TO THEIR CAUSE—OTHER THAN THAT EXTRACTED FROM THE
DETAINEES UNDER TORTURE. SECONDLY, THE SECURITY SERVICES
ARE UNWILLING TO SURRENDER THEIR COMPLETE CONTROL OVER
THE DETAINEES.
—THE MILITARY DOES NOT HAYS FULL CONFIDENCE IN THE FUTURE.
THEORETICALLY A SYSTEM OF MILITARY JUSTICE WOULD
HANDLE THE TERRORISTS, METING OUT CAPITAL SENTENCES 17
THAT WERE TO ITS TASTES. HOWEVER, FOR SUCE A SYSTEM
TO WORK, THERE WOULD HAVE TO EE OFFICERS OF RECORD '"HO
IN THE FUTURE COULD 3? HELD ACCOUNTABLE FOR THEIR
ACTIONS. AS ONE MAN, HIMSELF A MEMBER OF ONE OF THE MAJOR
SECURITY FORCES, TOLD US, THERE IS VIRTUALLY NO
ARGENTINE OFFICER WHO WANTS TO HAVE HIS NAME ON RECORD
AS ORDERING THE EXECUTION OF A TERRORIST. UNDER THE
CURRENT SYSTEM, THE MILITARY ARE RESPONSIBLE AS AN
INSTITUTION BUT TEE INDIVIDUAL IS FREE FROM ACCOUNTABILITY.
—AT BEST, THE RULF OF LAW IS A WEAK AND FRA"ILF CONCEPT IN
ARGENTINA. THE MILITARY POES NOT OPERATE IN A VACUUM AND ITS

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