CONFIDENTIAL
ARGENTINA (continued)
(v)
In theory the judiciary is absolutely inde- pendent, but the civil judicial system has broken down in the face of terrorist harass- ment, intimidation of judges and the massive increase in crimes of violence (normal delays in bringing suspects to trial are now over 2 years). Hence courts martial and new special military courts are likely to handle the bulk of the trials for subversive activities in the future with a view to more ordered and systematic, though potentially more arbitrary implementation of justice.
(vi) Many basic trade union rights have been sus-
pended, including the right to strike and that of assembly, while the proclaimed (and real) state of national emergency exists. Most of the major unions have been "inter- vened" (a temporary measure enshrined in pre-coup law whereby the state may take over any mal-administered organisation and reform it). The régime claims that it is not their intention to suspend basic trade union rights indefinitely
(vii) A detainee's "right to exile" a unique
proviso in Argentine law, has been suspended although all suspects detained "at the dis- posal of the Executive" may petition for it as a privilege, not a right. This additional privilege in fact renders the freedom to emigrate from Argentina more extensive than from the UK!
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