VZCZCXYZ0002
PP RUEHWEB

DE RUEHBU #1052/01 2131223
ZNR UUUUU ZZH
P 311223Z JUL 08
FM AMEMBASSY BUENOS AIRES
TO RUEHC/SECSTATE WASHDC PRIORITY 1654
INFO RUCNMER/MERCOSUR COLLECTIVE PRIORITY
RHMFIUU/DEPT OF JUSTICE WASHINGTON DC PRIORITY
RHMCSUU/FBI WASHINGTON DC PRIORITY

UNCLAS BUENOS AIRES 001052 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV PHUM KJUS KCOR AR
SUBJECT: ARGENTINA:  WHA A/S SHANNON AND AMBASSADOR WAYNE 
MEET WITH CHIEF JUSTICE LORENZETTI 
 
REF: BUENOS AIRES 00643 
 
¶1. (SBU) Summary:  WHA A/S Shannon and Ambassador Wayne met 
with Argentine Chief Justice Lorenzetti on July 11 to discuss 
bilateral cooperation in the area of judicial reform. 
Lorenzetti praised the Argentine Supreme Court's close 
cooperation with the Embassy and the U.S. Supreme Court, 
citing a number of Embassy-sponsored programs and judicial 
exchanges.  On judicial reform, he explained that the Court's 
priorities are strengthening the rule of law and judicial 
authority.  He noted that progress in transitioning to a 
U.S.-style judicial system has been "mixed", adding that 
major judicial changes should be done gradually.  A/S Shannon 
praised the Court's reform efforts and asked what more can be 
done to help.  Lorenzetti noted the growing demand for 
judicial services and the need to improve access to the 
courts for the poor.  To address these issues, he expressed 
an interest in expanding alternative dispute resolution 
mechanisms such as arbitration.  Lorenzetti also highlighted 
efforts to improve public access to the Court by broadening 
dissemination of its rulings and opening more Court 
proceedings.  When A/S Shannon asked about the GOA's efforts 
to try cases related to human rights abuses committed during 
the military dictatorship, Lorenzetti said there is strong 
public support for redressing the most egregious cases.  He 
stressed, however, that even when the Court tries cases for 
crimes against humanity it must ensure due process for all. 
End Summary. 
 
¶2. (SBU) Assistant Secretary for Western Hemisphere Affairs 
Tom Shannon and Ambassador Wayne met with Chief Justice 
Ricardo Lorenzetti on July 11 during Shannon's July 10-12 
bilateral consultations visit.  Justices Elena Highton de 
Nolasco and Juan Carlos Maqueda were also present. 
 
--------------------------------------- 
Strong Relations with the United States 
--------------------------------------- 
 
¶3. (SBU)  Lorenzetti claimed the Argentine federal justice 
system was originally modeled on the U.S. system, and that it 
continued to look to the U.S. for inspiration.  He praised 
the U.S. Embassy's ongoing close cooperation on several 
projects with the Court.  Lorenzetti noted that our similar 
constitution, political system, and institutions, in addition 
to specific exchanges on issues, such as access to justice 
and technology, help facilitate this close partnership.  He 
referenced the importance of the U.S.-sponsored Justice Under 
Change program, which began in 2001.  Justice Highton, who 
studied law at Harvard, chimed in noting U.S. efforts to help 
Argentina strengthen its institutions and the robust 
cooperation at the university level, including student 
exchange programs.  The Ambassador highlighted an 
Embassy-Sponsored youth program for high school students 
called "Judges Go to School" as another example of our 
ongoing cooperation.  Highton readily agreed, noting that the 
program allows students to participate in mock trials. 
Lorenzetti also noted the Argentine Court's close working 
relationship with the U.S. Supreme Court.  He said his Court 
will be hosting in the next year or so a hemispheric meeting 
of Supreme Court presidents. (Note: This is an initiative 
launched in 1995 by then-U.S. Supreme Court Chief Justice 
William Rehnquist.) 
 
------------------------ 
A Challenging Road Ahead 
------------------------ 
 
¶4. (SBU) A/S Shannon noted that, throughout the region, 
judicial reform had not kept pace with Latin America's 
remarkable economic and political progress over the last 25 
years.  In reply, the Chief Justice stated that economic 
development is important and relayed that the Court is 
seeking to tackle the key areas important to any democracy 
first, such as strengthening the rule of law and judicial 
authority in Argentina.  He acknowledged that reforming the 
judicial system is a big challenge given Argentina's 
complicated government structure, adding that 50 years ago a 
judge's job was much simpler.  He indicated that he favors a 
gradual, rather than drastic, approach to implementing major 
judicial changes. 
 
-------------------------------- 
"Mixed Progress" in Penal Reform 
-------------------------------- 
 
¶5.  (SBU) A/S Shannon then asked about the status of 
Argentina's transition from an inquisitorial penal justice 
system to an accusatorial one.  Lorenzetti described 
 
Argentina's progress as "mixed" with some provinces making 
more headway in implementation than others.  He explained 
that judges still direct the investigation process.  Justice 
Highton added that many judges and attorneys have a hard time 
making the transition, no matter how much retraining they 
get. 
 
----------------------------------- 
Efforts to Improve Access to Courts 
----------------------------------- 
 
¶6. (SBU) A/S Shannon praised the Court's judicial reform 
efforts and asked what more can be done to help Argentina in 
this regard.  Lorenzetti said a major challenge for him was 
to secure sufficient resources to address the rapidly growing 
demand for judicial services.  In that connection, he is 
interested in exploring and expanding alternatives such as 
arbitration and greater access to the courts for the poor. 
Lorenzetti told A/S Shannon and the Ambassador that the Court 
is striving to make the Court more accessible by broadening 
dissemination of its rulings and opening more Court 
proceedings to the public.  He said allowing the public to 
observe Court proceedings serves an educational purpose, in 
addition to providing greater transparency.  A/S Shannon 
agreed, noting that televised court programs in the U.S. 
helped to educate the public on the U.S. legal system. 
 
--------------------------------- 
The Chief Justice on Human Rights 
--------------------------------- 
 
¶7. (SBU) A/S Shannon asked the Chief Justice about public 
attitudes towards human rights cases related to abuses during 
the 1976-1983 military dictatorship.  The Chief Justice said 
there was strong support for redressing the most egregious 
cases.  The Court's concern was also to guarantee due process 
for all those on trial, even for crimes against humanity. 
 
-------- 
Bio Note 
-------- 
 
¶8. (SBU) Lorenzetti is soft-spoken and has a warm and 
welcoming demeanor with U.S. officials.  He is acquainted 
with the U.S., having served as an assistant professor at 
Austin University in Texas.  Born in 1955, Lorenzetti hails 
from Rafaela in Santa Fe.  He received his law degree from 
Universidad Nacional del Litoral in Santa Fe in 1978 and has 
a Ph.D. in Social and Legal Sciences.  He practiced law and 
remained active in academia prior to being appointed to the 
Supreme Court in December 2004.  Lorenzetti is a prolific 
author, having written over twenty books in Argentina and one 
hundred plus articles for various Argentine publications. 
 
¶9. (U) This cable was cleared by WHA A/S Shannon. 
WAYNE