A piece of news that has just been forged on the first floor of Comodoro Py 2002 Avenue, where the Buenos Aires federal justice system operates,
will have a global impact that can barely be glimpsed
: in a historic ruling, Room II of the Federal Court of Criminal Cassation, which reviewed several cases linked to the AMIA attack in 1994, attributed responsibility for that attack to Iran, declared it
a "terrorist State" and author of a crime against humanity,
which can be punished anywhere in the world without time limits .
Under the presidency and the main vote of Judge
Carlos Mahiques
, together with his colleagues
Angela Ledesma and Diego Barroetaveña,
they handed down
the final sentence
in the case that investigated the largest terrorist attack suffered in Argentina, and the so-called AMIA II case, which investigated the irregularities of the criminal investigation and the alleged cover-up of the attack through them.
The chamberlains examined facts, evidence, testimonies and judicial files, but they also linked that mountain of pages - some brilliant, others embarrassing, often contradictory - and reached a much broader conclusion than what their task asked of them: who were the culprits of the bombing at 633 Pasteur Street, why they did it and
what can be done with them both in the country and in the rest of the world
Mahiques, who led the agreement and had the support of his colleagues, reasoned that both the attack against the Israeli embassy in March 1992 and that of the AMIA, two years later, responded to a political and strategic decision of the Islamic Republic. of Iran, and were executed by the terrorist organization
Hezbollah "which acted under the inspiration, organization, planning and financing of state and parastatal organizations subordinate to the government of the ayatollahs
."
This definition implies that the country that promotes and finances terrorist acts beyond its borders "
assumes international responsibility
, even when the terrorist act has been committed by a group that is not formally state but that acts under the control or direction of that country (such as the case of the relationship between Hezbollah and the Islamic Republic of Iran)." Mahiques and his colleagues understand that "international responsibility should also fall on
the same State that could be classified as 'terrorist'
, which would imply
the obligation to fully repair the damage caused, moral and material,
opening a way for the victims and those affected. of claims before international courts" and their "right to the truth. A true legal revolution.
An imprescriptible crime that can be tried throughout the world
There are more definitions. The three judges reaffirmed that the attack
must be classified as a crime against humanity, which makes it imprescriptible and extends to it
the principle of "universal jurisdiction", according to which
any State can criminally prosecute and condemn its authors.
This qualification includes the so-called “related crimes”, which were also declared imprescriptible since they were linked to the deviation from the course of the investigation that prevented or delayed its progress.
For the first time, a court ruling establishes that this claim could be undertaken by our country, through diplomatic channels, through an arbitration tribunal or the International Court of Justice.
This substantial legal burden will not only have consequences in Argentina: these days,
the United States is pondering Iranian responsibility
for threats and acts against North American targets, and Israel is also targeting Tehran for the barbarism that has occurred six months ago in the Strip. Gaza at the hands of
Hamas, another supposed political-military puppet controlled directly by the ayatollahs.
In their ruling, Mahiques, Ledesma and Barroetaveña explain the causes of the attacks, and support the theory that with them Iran took revenge for the unilateral decision of the Argentine government to cancel three contracts for the provision of nuclear material and technology agreed upon with Tehran. after Carlos Menem's alliance with the United States and his participation in the first Gulf War, in 1991.
The Camaristas believe that Iran considered Argentine non-compliance "intolerable", and its response was to plan and execute the terrorist attacks "as an extreme form of pressure so that our country would reverse by force of coercion its decision to cancel those agreements."
The Federal Cassation also reiterated the need to "fully access" the content of the documentation and files of the former SIDE, which for the umpteenth time ordered to be
declassified, digitized, and systematized
. He also asked that "diplomatic channels be activated and intensified to gather the information that foreign intelligence services retain related to the brutal attack."
The ruling of the highest criminal court urges the judges of the related cases that are still in progress to move forward with them more quickly, and the Executive and Legislative branches "
to quickly define public policies in relation to the establishment of the process in absence"
, and the creation of federal investigative agencies for complex crimes such as terrorism.
Galeano, Anzorreguy and Telleldín, with new penalties
Below the general definitions that shake the Argentine and global judicial tree, the Federal Cassation reviewed the sentences of those accused for the cover-up of the attack on the AMIA, through an investigation supposedly diverted with intent.
The chambermaids did not find proven that the Renault Traffic van that exploded on Pasteur Street had previously been in the hands of the reducer Carlos Telleldín, and confirmed the acquittal of the current lawyer.
Instead, they confirmed the criminal responsibility of the former judge who instructed the investigation of the attack, Juan
José Galeano
; of the former director of the SIDE,
Hugo Anzorreguy
; of the former deputy director of Counterintelligence of that secretariat,
Patricio Finnen
; and this time it was from Telleldín, in the theft of $400,000 from the reserved funds of the State Intelligence Secretariat by the magistrate and the spies, and its delivery to the car reducer in exchange for him providing a new statement of the facts , previously agreed upon with Galeano. In addition, he revoked the conviction of
Ana María Boragn
i (Telleldín's former partner) and
confirmed the acquittals of Víctor Stinfale (Telleldín's former lawyer) and Rubén Beraja.
The dismissed former federal judge Galeano was sentenced to 4 years in prison
for issuing resolutions that contained false facts and evidence and that led to the illegitimate detention of the former Buenos Aires police officers. The former prosecutors
José Barbaccia and Eamon Müllen
(who had been sanctioned by the trial court for not reporting the illegal payment to Telleldín) had the classification of the facts modified and
were sentenced to two years of suspended prison
as secondary participants. of the illegitimate deprivations of liberty of former police officers illegally ordered by Galeano.
The magistrate's judicial secretaries,
Susana Spina and De Gamas Soler
,
were removed from the process
since it was not proven that they had knowledge of the crimes committed by their superiors.
Regarding the alleged cover-up of
Alberto Jacinto Kanoore Edul
, investigated as one of the suspects in the attack against the AMIA, Chamber II by majority
acquitted Galeano, Anzorreguy, his second in the SIDE Juan Carlos Anchézar and Carlos Alberto Castañeda:
not only did they not It was demonstrated that the judge (who had been convicted of these events) was aware at that time of the family connection between Kanoore Edul and the then president Carlos Menem (also acquitted by the lower court), but it was also not
proven that his decisions during the of the research will be aimed at benefiting them.