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Viewing cable 08BUENOSAIRES322, ARGENTINA DISCUSSES SHIFT IN POLICY TOWARD ILLICIT
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Reference ID | Created | Released | Classification | Origin |
---|---|---|---|---|
08BUENOSAIRES322 | 2008-03-13 17:30 | 2011-04-10 00:00 | UNCLASSIFIED//FOR OFFICIAL USE ONLY | Embassy Buenos Aires |
Appears in these articles: http://www.lanacion.com.ar/1364385-criticas-furibundas-a-paraguay-bolivia-y-peru |
VZCZCXYZ0000
PP RUEHWEB
DE RUEHBU #0322/01 0731730
ZNR UUUUU ZZH
P 131730Z MAR 08
FM AMEMBASSY BUENOS AIRES
TO RUEHC/SECSTATE WASHDC PRIORITY 0447
INFO RUEHAC/AMEMBASSY ASUNCION PRIORITY 6828
RUEHLP/AMEMBASSY LA PAZ MAR 5110
RUEHPE/AMEMBASSY LIMA PRIORITY 2252
RUEHMN/AMEMBASSY MONTEVIDEO PRIORITY 7025
RUEHSG/AMEMBASSY SANTIAGO PRIORITY 1053
RUEAIIA/CIA WASHINGTON DC PRIORITY
RUEABND/DEA HQS WASHINGTON DC PRIORITY
RUEHLP/DEA LA PAZ BL PRIORITY
RHMFIUU/DEPT OF HOMELAND SECURITY WASHINGTON DC PRIORITY
RHMFIUU/DEPT OF JUSTICE WASHINGTON DC PRIORITY
RHEFDIA/DIA WASHINGTON DC PRIORITY
RHMFISS/DIRJIATF SOUTH J2 PRIORITY
RHMFIUU/HQ USSOUTHCOM MIAMI FL PRIORITY
RUEHUNV/USMISSION UNVIE VIENNA PRIORITY 0181
UNCLAS BUENOS AIRES 000322
SIPDIS
SENSITIVE
SIPDIS
E.O. 12958: N/A
TAGS: SNAR KJUS PGOV PREL AR
SUBJECT: ARGENTINA DISCUSSES SHIFT IN POLICY TOWARD ILLICIT
DRUG USE
¶1. (SBU) Summary: Minister of Justice Anibal Fernandez
announced this week that the GoA intends to redirect its
counternarcotics efforts away from the pursuit of drug users
in order to make more resources available for investigating
and prosecuting drug traffickers. He argues that Argentina's
courts and prisons are overwhelmed and overflowing with drug
users. Although Fernandez's thinking on the initiative
appears well advanced, sources in his Ministry note that this
is still a work in progress and that such a shift, likely
implying legislative changes, will not happen immediately.
Some press reports indicate that not all elements of the
Government support the proposal. The Minister, in clarifying
remarks to the local press following his speech in Vienna,
has stressed he is not proposing the legalization of drugs
and that his proposed policy shift is intended to improve,
not weaken, GOA counter-narcotics efforts. End Summary.
TREATMENT NOT PRISON FOR ADDICTS
¶2. (SBU) GOA Minister of Justice, Security, and Human Rights
Anibal Fernandez announced in Vienna at the 51st session of
the UN Commission on Narcotic Drugs (CND) that the GoA is
contemplating a shift in emphasis in its treatment of illicit
drug users. Fernandez contends that current policies are
overwhelming Argentina's courts and flooding its prisons, at
great cost to the GOA. He notes that between 70 to 80
percent of cases in the courts are related to drug use, and
that only 2.8 percent result in convictions. The
criminalization of drug use in Argentina, he states, inhibits
users from getting the treatment they need and has been a
drain on counternarcotics resources that could be put to
better use in pursuing traffickers. Fernandez made similar
remarks during a working lunch in Buenos Aires on March 6
with visiting FBI official Thomas Fuentes and the Ambassador.
In that conversation, and from the information reported from
other Ministry sources, it is clear that the emphasis of this
policy shift is on giving lower priority to arresting and
convicting individual users and putting more emphasis on
breaking up trafficking rings and on creating a health and
social services network to treat addicts and other illicit
drug users. Fernandez and sources in the Ministry claim that
this proposed shift in the treatment of illicit drug users
would bring Argentina into line with countries like Brazil
and Uruguay in the region and Spain, Switzerland, and the
Netherlands in Europe.
MISUSE OF RESOURCES
¶3. (SBU) In his discussion with the Ambassador and Tom
Fuentes on March 6, Fernandez relayed how expensive it was to
incarcerate users -- US$ 1,500 per month -- and that only 2-3
percent are ever convicted. He noted the costs and the large
backlogs caused by the thousands of cases in the federal
court system. (Most Argentine provincial legislatures have
not authorized provincial jurisdiction/prosecution in drug
cases, leaving them to be prosecuted in federal court.) He
argued that it would be more effective to concentrate on
dealers and trafficking networks and getting convictions for
these traffickers. Fernandez explained that federal law
enforcement had seized more marijuana last year than the year
before, most of it coming from Paraguay. He also said that
Peru is the largest source of cocaine coming to and through
Argentina, followed by Bolivia. He explained that much of
his forces' current efforts are focused on going after the
big Peruvian networks and that he feels he has more support
for his counternarcotics efforts from President Fernandez de
Kirchner than he had previously.
RECOGNIZING WHAT ALREADY EXISTS
¶4. (SBU) Daily newspaper La Nacion, often critical of
Kirchner administration policies, reported in a front page
article March 12 that not everyone in the Government supports
decriminalization. Most prominently, the paper cited
opposition from the head of the Argentine drug policy agency
SEDRONAR, Jose Granero, and claimed that the President
herself has a ""more conservative position"" on the matter.
However, Minister Fernandez, in his public statements and in
comments to the Ambassador, noted that he has the President's
(general) support on counternarcotics issues. Granero, who
was in Vienna at the CND, was reportedly surprised by
Fernandez's announcement of the proposed policy change. A
number of political opposition figures and the Catholic
Church have spoken out against the proposed shift as well.
The article also quotes several judges who assert that de
facto decriminalization is already the case. According to
the article, most federal judges oppose prosecuting drug
users for possession of small quantities. Emboff heard a
similar comment from an Argentine police officer.
CORRECTING FAILED POLICIES
¶5. (SBU) Fernandez offered his personal assessment that
Argentina's counternarcotics efforts have been a failure.
During the March 6 encounter, he said that ""in my country,
since the (1989) drug law was sanctioned until last year,
there hadn't been a single conviction for money laundering
and that in 2006 only two drug cases were brought to oral
trial."" A large part of the problem of prison overcrowding
with drug users and small-time dealers and the relative
ineffectiveness of the police reflects shortcomings in the
current penal code. Under the Argentine judicial system,
judges are responsible for and direct investigations.
Prosecutors and judges are unable to decide which cases to
pursue -- they must, by law, investigate and prosecute all
cases that come before them. Prosecutors are unable to offer
plea bargains. Testimony of paid informants is not allowed.
Undercover agents are allowed in drug investigations but
rarely used. Most of these shortcomings are addressed in
ongoing efforts to modify the criminal procedural code, but
until that occurs, decriminalizing drug use will not
necessarily result in more effective use of law enforcement
agencies or the courts.
¶6. (SBU) Fernandez formed a scientific advisory committee
last year to help inform his policy decision. While the
press reports that the committee generally supports the
decriminalization of drug usage, its work continues. It is
analyzing an extensive survey on illicit drug usage
commissioned by the committee involving some 50,000
households. The Minister's thinking on this policy is
evidently well advanced, but many of the particulars of the
proposed policy shift remain to be worked out, and could
include legislative changes and budget reallocations. An
unattributed federal government source is cited by La Nacion
as saying that decriminalization is an issue to be debated
and reviewed, that the Government has ""nothing concrete,"" and
that much remains before sending anything to Congress. As
noted earlier, Minister Fernandez has now claimed that he is
not proposing decriminalization.
¶7. (SBU) Comment: Polls consistently report that Argentines'
number one concern is public security. The public links its
high feelings of insecurity with reports of growing drug use
in the impoverished shanty towns surrounding Buenos Aires and
other major urban centers. The new government seems more
focused on the issue than the previous regime did --
something that Fernandez himself has told us. He seems to
sincerely believe that lowering the law enforcement priority
(and perhaps penalties) given to possession for personal use
will help make the GOA anti-crime effort more effective,
freeing law enforcement and court resources to go after
traffickers. He believes that the current approach catches
lots of little fish, but allows the big ones to slip away.
¶8. (SBU) But there are risks in the new approach.
Experience shows that to get to the big fish you often need
to start with the little ones. Moreover, a government policy
that could be interpreted as overly lenient on illicit drug
use could engender some public pushback given the
narcotics-street crime link. We have an excellent and
long-standing relationship with Fernandez and his advisers.
As he moves forward with his policy, the Embassy will work
with him to try and limit unintended, negative impacts on our
bilateral and regional counternarcotics efforts. The main
impediments to more effective counternarcotics remain
Argentina's outdated penal code -- limiting the judicial
tools available to law enforcement and prosecutors -- and the
inefficient courts.
WAYNE
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