VZCZCXYZ0007
RR RUEHWEB

DE RUEHBU #1039 2100900
ZNR UUUUU ZZH
R 280900Z JUL 08
FM AMEMBASSY BUENOS AIRES
TO SECSTATE WASHDC 1634

UNCLAS BUENOS AIRES 001039 
 
SENSITIVE 
SIPDIS 
 
DRL FOR CATHERINE NEWLING 
 
E.O. 12958: N/A 
TAGS: PHUM PGOV KJUS MARR AR
 
SUBJECT: ARGENTINA: COURT CONVICTS EX-ARMY CHIEF FOR DIRTY WAR 
CRIMES 
 
REF:  A) 07 BUENOS AIRES 1416 
      B) 07 BUENOS AIRES 2033 
 
¶1. (U) On July 24, 81 year-old Luciano Benjamin Menendez, an 
Argentine ex-army General, was sentenced to life in prison for the 
1977 kidnapping, torture and killing of four left-wing activists. 
Menendez must serve a life sentence in prison since a 2007 law was 
passed stating that all military officials convicted of crimes 
against humanity must serve their sentences in an ordinary prison. 
Most individuals who have been convicted for human rights abuses 
during the 1976-83 military dictatorship and who are over 70 or in 
ailing health are serving their sentences under house arrest. 
 
¶2. (U) Ricardo Ramon Lardone, a civilian who worked for military 
intelligence, and former military members Hermes Rodriguez, Jorge 
Acosta, Luis Manzanelli, Carlos Vega, Carlos Diaz and Oreste 
Padovan, were also found guilty of the same crimes.  Their sentences 
range from 18 years to life in prison.  Secretary of Human Rights 
Eduardo Luis Duhalde, and human rights organizations Madres de la 
Plaza de Mayo and Abuelas de la Plaza de Mayo, praised the decision. 
 
 
¶3. (U) Earlier that day, Menendez read a prepared statement in front 
of live television cameras and a hostile crowd in which he justified 
the military regime's repression as necessary in the face of a 
leftist militant threat by armed guerilla groups such as the 
Montoneros.  In an indirect reference to the Cristina Fernandez de 
Kirchner administration, he told the courts prior to his sentencing 
that "Argentine society was involved in a war provoked by 
international Marxists -- the same people that still persist in 
their obscure aim . . . The difference is a sad one for our homeland 
as before the terrorists were living illegally and now they do so 
within the law, pretending to be peaceful citizens, respecting the 
law and the constitution."  Menendez claimed that the "armed 
guerillas can not say that they acted in defense of democracy" and 
lamented that Argentina is the only country that put its "victorious 
soldiers" on trial. 
 
¶4. (SBU) Left-of-center Critica published an op-ed piece by Martin 
Caparros, an award-winning novelist and self-proclaimed 
ex-Montonero, who reluctantly and ironically agreed with Menendez's 
claims.  He explained that the "Marxist subversion...wanted, without 
a doubt, to challenge power in Argentina and radically change the 
social order.  We did not want a capitalist and democratic country: 
we wanted a socialist society, without a market economy, without 
inequality, without exploiters and exploited.  We did not indicate 
precisely what political form these goals would take, but without a 
doubt, it would not be the 'bourgeoisie democracy' that we condemned 
any opportunity we had." 
 
¶5. (SBU) Caparros also asserted that "it is a lie when ex-Montoneros 
claimed that they were fighting for democracy when in reality they 
were promoting armed struggle as the only way to power."  He added 
that it is the same lie former President Nestor Kirchner makes when 
he claims that the CFK administration fights for the dreams of the 
1970s militants.  He asserted that Argentine society has revised the 
history of the so-called 'Dirty War' claiming that "the majority of 
Argentines have forgotten that they were against revolutionary 
violence, that they preferred capitalism, and that they were very 
satisfied when the military acted to restore order." 
 
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Comment 
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¶6. (SBU) As noted in reftels, Argentine society remains deeply 
divided over the legacy of the 1976-83 military dictatorship.  While 
the overwhelming majority of Argentines will say that the military 
response to the 1970s armed guerrilla groups was disproportionate to 
the actual threat the guerillas posed, there appears to be strong 
sentiment that ex-members of the armed guerillas should also be held 
accountable for their terrorist attacks and political 
assassinations.  The Court decision is unlikely to cause a political 
backlash in the Argentine military, since the generation implicated 
in these crimes is largely out of the military and today's military 
is a professional force subject to civilian authority.