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Prosecutor appeals ruling dismissing Argentine president involvement in Iran cover up complaint

Thursday, March 5th 2015 - 07:39 UTC
Full article 25 comments
Gerardo Pollicita filed the appeal against Judge Rafecas' dismissal, and now it is up to the Argentine Federal Criminal Appeals Court to decide Gerardo Pollicita filed the appeal against Judge Rafecas' dismissal, and now it is up to the Argentine Federal Criminal Appeals Court to decide
”Could there be any hypothesis other than that he (Nisman) was trying to destabilize politics?” asked the government's ad displayed in major dailies ”Could there be any hypothesis other than that he (Nisman) was trying to destabilize politics?” asked the government's ad displayed in major dailies
The ad, titled “Commitment, Truth and Justice”, defends the Memorandum of Understanding signed with Iran in 2013, at the core of the controversy The ad, titled “Commitment, Truth and Justice”, defends the Memorandum of Understanding signed with Iran in 2013, at the core of the controversy

While Argentina's Federal Prosecutor Gerardo Pollicita filed an appeal against Judge Daniel Rafecas’ ruling dismissing late Alberto Nisman’s AMIA cover-up complaint against President Cristina Fernández and top administration officials, the government published in major newspapers an ad praising Rafecas' decision and suggesting a 'destabilization plan'.

 With the latest move it is now up to the Argentine Federal Criminal Appeals Court to decide whether it accepts the appeal, after Rafecas dismissed last week the charges against the Cristina Fernandez administration for having allegedly covered up Iran’s role in the 1994 bombing of the AMIA Jewish community centre.

Rafecas considered that the minimum conditions to launch a criminal investigation had not been met, based on what the prosecutor presented. In response, prosecutor Pollicita, who took over the case after Nisman’s death, criticized Rafecas’ opinion in his appeal. “The decision to close the case immediately without taking any of the suggested investigative measures impedes our ability to obtain” crucial information on the case.

The complaint against the president was filed by Nisman himself four days before he was found dead in his apartment at the Le Parc towers in Puerto Madero neighborhood. Pollicita’s team took over the file after Nisman’s death.

But at the same time the Argentine government praised the decision by Judge Rafecas to dismiss the complaint filed by late prosecutor Nisman in an ad published in major newspapers, claiming the complaint sought “to cause political destabilization.”

“With the complaint dismissed (by judge Rafecas) one is left to consider the goals sought by Nisman with his complaint, filled with contradictions, illogical, with no legal basis,” the government wrote. “Could there be any hypothesis other than that he was trying to destabilize politics?” it added.

The ad, titled “Commitment, Truth and Justice”, also defends the Memorandum of Understanding signed with Iran in 2013, which according to Nisman’s complaint was reached not to unlock the investigation into the AMIA case, as the government argued, but to fuel trade relations.

“It is only possible to ratify the path traced by the executive power and the national congress through the memorandum of understanding, a tool that would enable us to interrogate the Iranian citizens accused” the government said in the paid release.

The ad also highlights the new evidence submitted by the AMIA Prosecutorial Investigation Unit: two documents in which Nisman makes no reference to the complaint he filed days before his death, and furthermore, “present a diametrically opposed position,” as stated by judge Rafecas, praising the Kirchnerite administration for its efforts in taking the AMIA suspects to court.

“Why was the prosecutor working with two exactly opposite goals at the same time?,” the government asks.

“The attack on the Argentine Israelite Mutual Association is one of the most painful crimes in our recent history,” the Cristina Fernandez government stated, and ratified its commitment with “truth and justice.”

Categories: Politics, Argentina.

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  • CabezaDura2

    Rafecas had promissed Pollicita that the case would be accepted, he lied.

    “La tesis de Pollicita fue sencilla: el escrito que él había presentado no pretendía que se condene a los imputados. Apenas reclamaba que se los investigue. De lo contrario, nunca se sabrá si las acusaciones de Nisman eran verdaderas o falsas. El planteo estiliza un episodio que relatan muchos magistrados en Comodoro Py: que, al conocer el fallo de Rafecas, Pollicita lo visitó para insultarlo. Al parecer, el juez le había prometido una resolución inversa a la que emitió.”

    CFK is furious as all the pressure on the new prosecutor didn't prevent him on appealing.

    “Para la Presidenta, la apelación de Pollicita fue una frustración. Ella había confiado en las gestiones que Julio De Vido y Eduardo ”Wado“ de Pedro realizaron para que el proceso iniciado por Nisman terminara con el pronunciamiento de Rafecas. Es decir, para que Pollicita no apelara. De Vido prometió buenas noticias por su relación con Ariel Lijo, el hermano de Alfredo Lijo, su gestor en los tribunales federales. De Pedro se ufanó de tener contactos con Canicoba Corral. Hasta ahora no consiguieron el armisticio prometido. Aún cuando se atribuye a Lijo, el juez, la autoría intelectual de la sentencia de Rafecas. Fue lo único. Ni siquiera calmaron a Claudio Bonadio, que ayer seguía adelante con las investigaciones de Hotesur. No está descartado, entonces, que Máximo Kirchner deba visitar los tribunales.”

    Mar 05th, 2015 - 10:50 am 0
  • LEPRecon

    But at the same time the Argentine government praised the decision by Judge Rafecas to dismiss the complaint filed by late prosecutor Nisman in an ad published in major newspapers, claiming the complaint sought “to cause political destabilization.”

    In a true democracy a government wouldn't have to use TAX PAYERS money to take out such ads. Only a populist dictatorship needs to be constantly blaming others and 'inventing' new enemies.

    Just look at how many 'coups' attempts the mad Maduro has 'claimed' (without any proof of course) to have been made against his government. Now Argentina is treading the exact same path. It won't be long before opposition politicians start getting imprisoned accused of trying to 'destabilise' the country.

    However, what can we expect from people who claim to be 'democratising' the judicial system. Democratising isn't a word, it's a ploy by a dictatorship to destabilise true democracy and pervert the judicial systems.

    Argentine patriots should mourn the slow erosion of democracy. This government are drip feeding totalitarian dictatorship to the people so they won't truly notice what is happening, until it is too late.

    It may already be too late.

    Mar 05th, 2015 - 10:57 am 0
  • Conqueror

    @1. Reported for failing to use English. Just so's you know!
    @2. 'Argentine patriots should mourn the slow erosion of democracy'. What democracy? Vote-buying, intimidation, lies. Are there death squads? It's the peronist way.

    Rafecas didn't want to take the case. Was he told that he was the next 'suicide'. 'Political destabilisation' is still on the agenda. A 'tiny' degree of honesty. It's politically destabilising to learn that your 'president' is a corrupt, criminal, lying, thieving murderer. And those two documents. Who wrote them? Did Nisman write them so that he could produce them to the government in an attempt to avoid his murder? Or did the government write them? When Kirchner speaks, we learn that she rambles. Do these documents ramble. Did Kirchner write them? Where are the third-country experts? When you accuse your government of a major crime, you have a right to expect that your government will bring in unbiased third-country investigators. The argie government castigates its judicial system and personnel, but doesn't ask anyone else.

    Argieland will suffer for what it permits through inaction. If you don't bother, you're equally guilty.

    Mar 05th, 2015 - 12:48 pm 0
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