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Viewing cable 07BUENOSAIRES1468, Judicial Branch feels pressure, appreciates U.S. program

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Reference ID Created Released Classification Origin
07BUENOSAIRES1468 2007-07-30 18:04 2011-08-25 00:00 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Buenos Aires
VZCZCXYZ0013
RR RUEHWEB

DE RUEHBU #1468/01 2111804
ZNR UUUUU ZZH
R 301804Z JUL 07
FM AMEMBASSY BUENOS AIRES
TO SECSTATE WASHDC 8776
UNCLAS BUENOS AIRES 001468 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
 
TAGS: KJUS PGOV AR
 
SUBJECT: Judicial Branch feels pressure, appreciates U.S. program 
support 
 
REF: N/A 
 
1.  (SBU) Summary:  On July 18, Ambassador lunched with key members 
of Argentina's judicial branch.  They expressed deep appreciation 
for exchanges, speakers, and seminars which the Embassy has 
sponsored for the last six years.  They described the stark need of 
the judicial branch in Argentina to enhance its professionalism, 
independence, resources and public image.  Participants stressed 
that judicial independence is under pressure in Argentina, while 
judges struggle to keep up with a growing caseload with fewer judges 
and smaller budgets. End summary. 
 
2.  (SBU) Argentina's Association of Judges and Judicial Officials 
of the National Judiciary, a private professional organization of 
members of the judicial branch, invited Ambassador to lunch on July 
18.  Participants included senior federal judges and prosecutors as 
well as individuals working on innovative outreach programs such as 
the "Judges Go To School Program," which the embassy supports. 
Ambassador was accompanied by Luis Maria Palma, Embassy Cultural 
Affairs Specialist. 
 
3.  (SBU) The Ambassador spoke about the support the Embassy has 
provided in the area of judicial reform and strengthening democratic 
institutions.  The judges expressed their gratitude for this support 
and talked about the necessity of preserving and increasing judicial 
independence, especially in view of the public image of the 
judiciary, which has a positive image of only 13 percent among the 
Argentine public.  (A study published 30 July in La Nacion ranked 
Argentines second to last among Spanish speaking countries -- just 
ahead of Ecuador -- with only 11 percent of the public saying they 
have confidence in the justice system.)  To achieve this goal, they 
emphasized the importance of making people aware of the way they 
work through such programs as "Judges Go To School" (which receives 
Embassy support), where judges visit schools to explain how they and 
their courts work.  The Ambassador mentioned college and high school 
mock trial programs, which were developed in the U.S. for teaching 
young people about the judicial process and interesting them in 
careers in this field.  The judges considered that a very important 
and useful way to help people understand the constraints and 
difficulties of their job. 
 
4.  (SBU) A key theme during the entire conversation was judicial 
independence.  The judges and prosecutors described the current 
situation in Argentina as one in which the executive and its allies 
in Congress regularly exercise pressure on the judicial branch to 
achieve results that they desire, especially on politically 
sensitive cases.  At the same time, they noted the new process to 
name judges has not moved rapidly leaving over 100 judicial slots 
vacant and budget resources have been cut significantly.  These 
resource issues help account for the tremendous backlog in cases. 
Simple car accidents take years to even get to court, so many people 
never even consider using the judicial process, for example.  This, 
in turn, harms the public image of the judiciary, which is already 
tainted by allegations of corruption from the era of President 
Menem. 
 
5.  (SBU) The judges noted that they and many of their colleagues 
are committed to reinforcing their independence, resisting pressures 
and rebuilding.  As one said, we have a responsibility to look out 
for the rights of citizens that others neglect.  He cited the 
mentally ill or elderly, as an instance where it is the courts that 
often step in to protect citizen rights, when no one else will.  He 
and others also recalled the heartbreaking situations that took 
place during the 2001-2002 crises, when people's bank accounts were 
frozen, and the judiciary was asked to preserve the rights of more 
than 400,000 citizens and their life savings. 
 
6.  (U) Related to this topic, the Argentines talked about the value 
of the exchanges which the Embassy has arranged in recent years with 
U.S. judicial authorities and practitioners.  One cited the 
relevance of the "Class Action" speaker program developed by the 
Embassy, and the necessity of enacting such a legal tool for new 
collective lawsuits on public issues such as the environment - like 
the current one about the very polluted "Riachuelo" river in Buenos 
Aires.  One judge said Argentina could profit from learning from the 
U.S. experience and instituting an effective small claims court 
system. 
 
7.  (SBU) The judges noted that their branch was now in a very 
challenging position of dealing with the emotional issues 
surrounding pardons and trials of those accused of crimes against 
humanity during the 1970s and 80s.  They said that there were 
serious constitutional issues at play as well as seeking justice for 
past ills, but the bottom line was that the judicial branch was 
feeling much pressure from all sides. 
 
8.  (SBU) Regarding the judicial backlog, several judges noted the 
big difference between the workload of the U.S. Supreme Court (which 
accepts less than 100 cases a year) and Argentina's (with a total 
workload of more than 36,000 cases). 
 
 
9.  (SBU) The judges talked about the "National Conference of 
Judges" (to take place in Salta from September 6-8, which will 
gather more than 500 judges from all around Argentina) as an 
important part of the effort to make the judicial branch more 
coherent and consistent in its practices.  Embassy Cultural 
Assistant noted that the key subjects to be discussed during this 
Conference had also been consistently developed by the Embassy 
through "Justice Undergoing Change" since 2001: case management, 
court administration, improvement techniques using training and 
technology, court backlog, alternative dispute resolution mechanisms 
and judicial independence. 
 
10.  (U) Comment:  The Embassy's multi-year investment in helping to 
strengthen Argentina's judicial sector is clearly much appreciated. 
Ambassador has heard much gratitude not only from this lunch group, 
but also from the President of the Supreme Court (who hopes to 
travel to Washington at the end of September to meet with Chief 
Justice Roberts), the Attorney General and dozens of judges and 
prosecutors.  They clearly value drawing on the U.S. experience and 
best practices, and consistently express hope that we will continue 
and expand these programs. 
 
WAYNE