APPEALS COURT REJECTS TIMERMAN HABEAS CORPUS PETITION - 1985/06/18

• Document Type: SPECIALCOLLECTION
• Collection: Argentina Declassification Project - The "Dirty War" (1976-83)
• Document Number (FOIA) /ESDN (CREST): 06626811
• Release Decision: RIFPUB
• Original Classification: U
• Document Page Count: 3
• Document Creation Date: April 3, 2019
• Document Release Date: April 12, 2019
• Publication Date: June 18, 1985

Approved for Release: 2018/10/01 C06626811
�.
VI CO
1112.41�446'"
�
c5;t7
e._
ON 4943
191354Z JUN 79
NISOCATE
[1=1 couLecr
r---0 CNASISEIRD
12065
EO i(180
TAGS:
SUBJECT
ACTION
INFO:
AMB
DCM
POL 3
ECOM -
POUR
DAO
ICA
SY
CHRON
RF
DRAFTED BY
CLEARANCES
WM3-101
FROM
AMEMBASSY BUENOS AIRES
OAMIRCATICM
CONFIDENTIAL
GDS 6/18/85 (HARRIS. F. ALLEN) OR-P
SHUN AR
(U) APPEALS COURT REJECTS TIMERMAN HABEAS CORPUS PETITION
SECSTATE WASHDC PRIORITY
USCINCSO QUARRY HIS Cl
C ONFIDENTIAL BUENOS AIRES AbUL
REF: BUENOS AIRES 3993, PARA 6
(C) SUMMARY: THE WEEKEND PRESS REPORTED THAT THE FEDERAL
APPEALS COURT OF BUENOS AIRES REJECTED A HABEAS CORPUS
PETITION FILED ON BEHALF OF FORMER "LA ()intim" EDITOR
JACOB� TIMERMAHO IS BEING HELD UN4DER HOUSE ARREST
THERE WAS EARLIER' SPECULATION SHAT_
AFTER TWO YEARS OF DETENTIONqTHE RECENT RETIREMENT OF pilg
n-
TWOKCA:EPAL-JUbGES ON THE COURT OF APPEALS MADE THE DECISION
'TUE C MAY NOW AGO TO THE UPREME COURT.
/ END SUMMARY.
1. (U) A HABEAS CORPUS APPEAL TO THE BUENOS AIRES
-FEDERAL APPEALS COURT WAS FILED BY MRS. TIMERMAN SOME
MONTHS AGO SEEKING TO HAVE HER HUSBAND, JACOBO TIMERMAN.
'FREED PURSUANT TO A DECISION OF THE ARGENTINE SUPREME
COURT WHICH FOUND MR. TIMERMAN'S DETENTION UNDER THE
POD t,EJECUTIVO NNCIONAL IMPROPER, INASMUCH AS THE
POL:OAHA S:SZ
mmnum amm I prowirumrsaas camommauttas
6/18/791 278 1 POLCOUNS:WHHALLMAN
CONFIDENTIAL
CLASSIFICATION
Approved for Release: 2018/10/01 C06626811
)
--0444.t.s
50153 201
Approved for Release: 2018/10/01 C06626811
CONFIDENTIAL Page _2 of
Classification
�
FORMER EDITOR HAD BEEN INVESTIGATED BY A MILITARY 7
COURT AND FOUND NOT TO HAVE ANY CONNECTIONS WITH SUB-
VERSION.
2. (U) ACCORDING TO PRESS ACCOUNTS, THE RECENT APPEALS
APPEARS IV NOT TO HAVE BEEN
COURT DECISION VIMNOWA LEGALISTIC DECISION. BUT
ARGUED THAT MR. TIMERMAN'S CONTINUED IMPRISONMENT WAS
JUSTIFIED ON PRINCIPLES OF MORALITY, SUITABILITY,
EFFICACY
IKKOIXINKMAND RESPONSIBILITY. ACCORDING TO THE PRESS
THE JUDGES SAID THAT THE ARGENTINE NATION HAD FACED
FORCES ORGANIZED, EQUIPPED AND DIRECTED BY ELEMENTS
WHICH RESPONDED TO ALIEN IDEOLOGIES AND WITH THE PRO-
CLAIMED INTENTION OF PROVOKING CHAOS AND"FOREIGN4ZED"
DESPOTISM. THE RULING WENT ON TO SAY THAT THERE WAS
COMPLACENCY ON THE PART OF THE STATE, ENTITIES AND
PERSONS WHICH "COULD HARM HEALTHY PUBLIC OPINION,
FACILITATING PROMOTING THE DISASSOCIATIVE ACTION OF
SUBVERSION." TO FACE THIS SITUATION THE MILITARY
GOVERNMENT REQUIRED, ACCORDING TO THE COURT, A "SYSTEM
STRONGER THAN THAT WHICH HAD THEORETICALLY RULED UP
TO THEN AND WAS OBVIOUSLY INSUFFICIENT..."
THERE WASSPECULATION /N THAT
3. (C) COMMENT:/XU JUDICIAL CIRCLES/THE RECENT
RETIREMENT OF THE"TWO LIBERAL JUDGEd'IN THE THREE
,MEMBER
RMVIMBUENOS AIRES FEDERAL APPEALS COURT PANELARRI
caurr
SIGNALED THAT THE/DECISION VW OROUNIANN
, WOULD BE UNFAVORABLE TO MR. TIMERMAN. ALTHOUGH THE _J
L_
CONFIDENTIAL
Classification
Approved for Release: 2018/10/01 C06626811
OPTIONAL FORM 153A
(Formerly FS 413A)
January 1975
Dept of State
50153 201
Approved for Release: 2018/10/01 C06626811
CONFIDENTIAL
Page 3 of S4F
Classification MRN
T EMBASSY HAS NOT AS YET RECEIVED A COPY OF THE DECISIU4
FROM
/THE NEWSPAPER ACCOUNTS ME IT APPEARS THAT THE COURT
DID NOT CLEARLY ADDRESS THE UNDERLYING LEGAL ISSUE/WHICH
IS WHETHER MR. TIMERMAN CAN BE HELD ON THE BASIS OF THE
INSTITUTIONAL ACT ITSELF AND NOT UNDER THE NATIONAL
EXECUTIVE POWER AUTHORITY GRANTED TO THE GOVERNMENT UNDER
SPECIAL CIRCUMSTANCES DURING THE STATE OF SIEGE. THIS
TYPE OF LEGAL DECISION WILL NOW BE FACED BY THE
SUPREME COURT. END COMMENT.
CASTRO
CONFIDENTIAL
aassification
Approved for Release: 2018/10/01 C06626811
OPTIONAL FORM 153A
(Formerly FS 413A)
January 1975
Dept of State