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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

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'. Read full article


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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 - Link - Report abuse 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 - Link - Report abuse 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 - Link - Report abuse 0
  • imoyaro

    Just when they thought it had gone away. ;)

    Mar 05th, 2015 - 07:39 pm - Link - Report abuse 0
  • Enrique Massot

    This is where the investigation should look closely if prosecutor Pollicita's appeal is withheld.
    How come a prosecutor could write such diametrically opposed documents at about the same time?
    Although Mercopress mentions them in passing, those documents were not ANY document. They were addressed to Argentina's executive to address a request to the United Nations Security Council's to help convince Iran to surrender the Iranian suspects to Argentina. The contents of the two documents is similar--one was done in case the Argentina-Iran memorandum of understanding were approved--the other was formatted for the case the MOU was not approved.

    Mar 05th, 2015 - 08:38 pm - Link - Report abuse 0
  • yankeeboy

    Rique, Splain me sumptin will ya?

    How come you always take the side of the Kthugs that are known liars?

    I will repeat...Known liars and I'll add NarKos.

    Splain me Rique splain me?

    Mar 05th, 2015 - 09:26 pm - Link - Report abuse 0
  • Troy Tempest

    5 Enrique

    You know full well, that in countries like the US, UK, Australia, Germany, and CANADA, that such a huge controversy involving the ruling Government, with two documented opposing views, there would be an investigation.
    Not to mention scandal, shock, outrage, and honourable resignations or suspensions.

    Thankfully, some elements of the Argentine Judiciary, independent of the Government, are trying to publicly hear the charges.

    Surely, if this is an “Opposition plot” as you say, to smear the President, that would be revealed also, then who would be discredited?

    You have stated that this should not be aired before the Elections as it would unfairly influence the Public. Do the K's expect to look bad?

    Do you want to perpetuate the administration of potential criminals?

    This is precisely why the questions should be raised now.

    Remember we are talking about 85 Argentine civilians MURDERED in ARGENTINA, allegedly by Iranian nationals.

    The Prosecutor who brought forward the case was mysteriously MURDERED, allegedly to prevent his testimony against the President.

    Yet you would blithly dismiss these events as an Opposition stunt to bias the electorate.

    Like it or not - legitimate questions are raised.
    Is this not important?

    Mar 05th, 2015 - 10:05 pm - Link - Report abuse 0
  • ilsen

    Is murder so frequent in Argentina, that it has become un-important?

    Is that the message?

    Mar 06th, 2015 - 12:42 am - Link - Report abuse 0
  • yankeeboy

    Dirk Diggler, Here's another nice little tidbit you should probably read.

    The course deleveraging is also a lie. The public debt the government of Cristina will leave amounts to 250 billion dollars, ie more than 100 billion dollars above what existed at the end of 2001. As a percentage of GDP, public debt represent, to end of 2015 the same percentage of GDP that represented the end of 2001. The big difference is that the 90 left a strongly capitalized economy had invested over 70 billion dollars in the energy sector, for example. By contrast, Cristina will leave a deranged energy economy.

    So care to apologize yet or do you need more facts?

    Mar 06th, 2015 - 01:01 am - Link - Report abuse 0
  • imoyaro

    “ Is murder so frequent in Argentina, that it has become un-important?”

    On the contrary, murder has been intrinsic to public discourse since the early republic. ;)

    Mar 06th, 2015 - 03:02 am - Link - Report abuse 0
  • Enrique Massot

    #7 Troy
    “Remember we are talking about 85 Argentine civilians MURDERED...”
    I am afraid you got things a bit mixed up.
    There are three different investigations going:
    1. That of the AMIA bombing. Judge Juan Jose Galeano had it for 10 years, Alberto Nisman prosecuted it for 10 years and none did any serious progress. I hope the investigators do some serious work in the third chapter.
    2. Alberto Nisman's death. I has to be seriously investigated and all leads must be followed, no doubt about it. No verdict has been issued on whether his death was suicide or murder.
    3. Nisman's cover-up accusation to the national government. This accusation has been pulled by the hair, does not warrant the minimum necessary credibility to proceed, and at least one judge, Rafecas, thought it to be the case. Prosecutor Pollicita appealed the decision, and this will introduce suspicion during the election campaign. I don't have a problem having an opposition fighting an election. However, it should be fought rather on political platforms. The decision on how to proceed on Nisman's accusation rests now in the hands of the criminal appeals court.
    “Thankfully, some elements of the Argentine Judiciary, independent of the Government, are trying to publicly hear the charges.”
    It would be good if the judiciary, on top of being independent from the government were independent of the country's dominant corporations.
    Unfortunately, the lack of progress of investigations such as that of the appropriation of Papel Prensa and injunctions stopping laws such as the decentralization of the media show the sides judges are taking.

    Mar 06th, 2015 - 04:30 am - Link - Report abuse 0
  • Troy Tempest


    85 Argentine civilians murdered by a terrorist bombing.
    Federal Prosecutor dies “suspicious death”

    1)AMIA deaths - Iranian terrorists are implicated.
    Most recently investigated for 10 years by Nisman - he publicly States there is a “coverup” by CFK
    2) Prosecutor dies by a bullet to the head, officially a “mysterious death”, on the eve of his testimony implicating the President. The investigation of the death may have been compromised.
    3) The Coverup itself.
    The Judge, without releasing any information, has given a ruling that the case is not valid, yet the other Prosecutors, with intimate knowledge of the report, are asking for an Appeal, that the case be heard.
    The Judge does not appear impartial. Me would argue that with such controversy, Justice must appear to be done - the case should go ahead publicly and stand or fail on its own merits.
    “t would be good if the judiciary, on top of being independent from the government were independent of the country's dominant corporations.
    Unfortunately, the lack of progress of investigations such as that of the appropriation of Papel Prensa and injunctions stopping laws such as the decentralization of the media show the sides judges are taking.”
    The judiciary will not appear to be independent of the Government if the investigation is not made public. The “corporations” you speak of, are the independently owned media. The “decentralisation” of the media that you speak of, translates into limiting the independent Free Press, and supplanting it with government owned news sources.
    Currently both sides of the story are being told. As a reporter for the Cochrane Alberta local paper, you should understand that real journalists do not just accept one interpretation or source of information.
    Finally, it is unethical to suppress a criminal investigation simply to prevent casting possible suspicion on a Presidential candidate for an election, half a year away.
    If the case has no merit, then try it, and exonerate her.

    Mar 06th, 2015 - 05:20 am - Link - Report abuse 0
  • Enrique Massot

    #12 Troy
    Nobody's kidding anybody here. Opponents to the current government including members of the judiciary want a murdered prosecutor Nisman. This would cast doubt on the government,--supposedly denounced by Nisman as trying to derail the AMIA investigation (again, an investigation Nisman had 10 years to solve but on which he made no progress whatsoever).

    2. Homicide? Suicide? At this point, prosecutor Fein who investigates Nisman's death can't rule out either theory, although she has not found traces of third-party intervention. (Now Nisman's ex-wife's private investigators have submitted information to Fein that would point to murder).

    3. Says Troy: “The Judge, without releasing any information...”
    In fact, Judge Rafecas's decision was a 63-page document in which he dissected Nisman's accusation. You may agree or not with his ruling but it's untrue he did not “release any information.”
    Indeed, a thorough and impartial investigation would be the best way to clear up the air. Putting all the resources into it and finishing it in six months would be ideal. In light of the stakes at play, it would be naive to have much hope on that.

    Says Troy: “The 'decentralisation' of the media that you speak of, translates into limiting the independent Free Press, and supplanting it with government owned news sources.”
    Independent? Free Press? Come on. Search “Grupo Clarin” to see the degree of concentration of most Argentina media, the Clarin group being the most significant.
    Argentina's “ley de medios” would supplant the free press with government-owned news sources? Wrong again. It attempts to force the Clarin Group and others to divest themselves of some of their concentrated multi-media outlets. Developed countries exercise control on media concentration just to allow the public to benefit from a variety of sources.

    Says Troy: “...real journalists do not just accept one interpretation or source of information.”
    Totally agree!

    Mar 06th, 2015 - 06:11 pm - Link - Report abuse 0
  • Captain Poppy

    Enrique. One simple question one simple answer. When was the last time you were in Argentina?

    Mar 06th, 2015 - 08:24 pm - Link - Report abuse 0
  • yankeeboy

    14. 1970s. He has no clue what he is talking about. My guess he's on as much lithium as CFK and thinks Unicorns are pulling magic sleds full of gold and giving it to the people.

    I weep for this spawn.

    Mar 06th, 2015 - 11:25 pm - Link - Report abuse 0
  • Enrique Massot

    #14 Captain
    None of your business.
    As far as I understand, this is a forum to comment on stories published by Mercopress--not a gossip exchange site as far as I know.
    I, on the other hand, couldn't care less and have never asked for credentials of any of those who post here or when they have been to Argentina.
    If you feel Argentina experience is necessary to post here with authority, then begin by posting with your real name and state your own life experiences. Same for anonymous keyboard courageous YB.

    Mar 07th, 2015 - 03:03 am - Link - Report abuse 0
  • Captain Poppy

    I feel that if you support socialism and corruption to the level that Kirchnerism delivered it in Argentina, you should at least experience to understand it. The middle class and working class do not seem to agree with you Canadian centered views.

    It's no secret that I am only a once or twice a year visitor to Argentina and married to an Argentine. I have more time in Argentina than you do in this past decade, or two or even three. If it were only I, I would gladly post my name but I have extended family in Argentina. Remember the fun days of Ford Falcons? My wife's family does not need that. Do you recall that idiots visit to a real college and University, the one we call Harvard? That idiot....your president who does not take questions from the press or anyone showed why.....she's a fucking idiot. That Argentine that asked her questions paid the price for having the audacity to ask her president a question suffered a visit from AFIP. I will leave my ID as it is. You are more than welcome to email me. I am more than happy to meet you in person .....maybe the Northend in Boston at Stanzi, I'll spring for a Partagas.

    As I said.....I love my country despite it's flaws.......but I would never leave it.....period. Falcons were always my favorite colored Falcon.....yours? Personally I would have used more of a boss car.....maybe like a GTO.

    Mar 07th, 2015 - 03:30 pm - Link - Report abuse 0
  • Enrique Massot

    Says Captain: “...if you support socialism and should experience to understand it.”
    A: Don't care about ideologies--only about what I see as best for Argentina en general and for its poorest class in particular.

    Says Captain: “The middle class and working class do not seem to agree with you Canadian-centered views.”
    A: February 2015 polling (Management & Fit) Mauricio Macri 27,9%, kirchnerist Scioli 23,6% and dissident Peronist Massa at 18,8%. (Wiki).

    Says Captain: “That idiot....your president who does not take questions from the press or anyone showed why.....she's a fucking idiot.”
    A: This statement really sucks. May be due to youth or inexperience or both. Recommend to volunteer in a school, community association etc, get on the board of directors, and experience what's like to make decisions on behalf of others. Rendez-vous here in a 3-4 years.

    Says Captain: “Remember the fun days of Ford Falcons?”
    A: It wasn't fun. Human right groups such as Amnesty and Human Rights Watch point out to several flaws and areas that need improvement, but do not underscore nothing comparable, in the last decade, to that sad time for Argentina.

    Says Captain: ” my country despite its flaws (and) would never leave it.”
    A: Agree. Sincerely hope you will never be forced to leave your home country because of your ideas. It really is a waste.

    Mar 09th, 2015 - 04:59 am - Link - Report abuse 0
  • Captain Poppy

    I can respect most of what you say. Some makes no sense. However under the “premise” Argentina is a democracy, you can now return. If you want to help your country you can do more in Argentina than Canada. If Argentina wants to feed all the poor, first they need to realize that there is a that will never want to improve even if you provide them the opportunity and that is what the Argentine way does not do, provide opportunities. It would rather give handouts.

    Your country wants to sell it's goods to the world but not allow the world to sell in Argentina.

    Your leader uses militant youth movements and use of force to make a point. I've personally seen La Campora beat people into submission....have you?

    Even the lowest of bank tellers becomes billionaires in Kirchner's tribe....and gardners. And some become dead.

    So much better

    I will get on a board when you return to Argentina and see how much better it is.

    Funny thing how you write, sounds like another old timer. Care for a scotch?

    Mar 09th, 2015 - 02:45 pm - Link - Report abuse 0
  • Enrique Massot

    #19 Captain
    Well...I do not mind if some of what I say does not make sense. I still appreciate
    the possibility of discussing ideas with mutual respect.
    I certainly hope I'll be able to make some contributions when back in my home country. Just need to finish a few things on the works here.

    The flaws you mentioned do exist and much improvement is needed. You surely know Peronism gathers people from very different, even strongly opposed sectors of the political spectrum. I was there in '73...I am not a Peronist though and was marveled by how Nestor and Cristina were able to steer the party in the direction they did.

    I know international trade requires some balance. On the other hand, Argentina has had all sorts of trading experiences. I particularly recall the economy minister of the last military dictatorship saying the country would purchase whatever other countries could produce at a lower price, be it candy. The country was then flooded with cheap, low-quality Japanese cars (they have come a long ways since) and all kinds of junk and ended with that famous $45 billion foreign debt (much of it private but assumed by the state) and its domestic industrial sector dismantled.

    I mentioned working with a community organization because that experience here taught me lots--made me more modest and understand a bit better the challenges of politicians--made me realize how complicated things are when you get to debate, build consensus and make decisions, even at a very elementary level.

    If I sound like an old timer, it probably is because I am one. And yes I do enjoy a scotch, even two. Cheers.

    Mar 09th, 2015 - 05:43 pm - Link - Report abuse 0
  • Captain Poppy

    I can respect a sensible difference of opinion than mine for I do not believe in my way or the highway thinking. I sense that you base the ”improvement' in life from the POV of the military junta, I get that. I will not, as others might here condone a military coup for the sack of change. But, at the same time, you do realize the level of corruption and hypocrisy in the existing administration is unforgivable. No one in the free world become as wealthy as they and their associates have by serving the public good. And the do know that what Nestor and Christina did before politics to acquire their initial wealth? Prey on people with real estate nearing foreclosure. Buying the property for pennies on the dollar and than selling at extraordinary profits. Sound familiar? Of course it does......that is what they now call Paul Singer....vultures. How is she different the Singers group?

    One thing that annoys me in Argentina is that is life is hunky dory, Argentines do not care is the politicians are corrupt, they need to care in bad times and good times.

    I don't have a problem with Argentines, Argentina in general. What I do loath is socialism and major redistribution of wealth.....earned and hard worked for wealth. Handouts are okay to those who need it for short periods of time and not as a way of life in lieu of working for a living. Argentina under Kirchner does not care to provide the poor with opportunities to become educated nor self sufficient. I've seen it......the la Campora group is nothing more than the same concept of the Hitler Youth movement. Re-educated(indoctrinated) and violent when needed to push Kirchner's way through society.

    If you've read and know anything of me, you know I like Argentina and hate Peronism, Kirchnerism and socialism. Socialism is a death concept that has been tried by better minds than in Argentina. Even China saw the writing on the wall, only the anchor still holds them back.

    Mar 09th, 2015 - 09:59 pm - Link - Report abuse 0
  • Enrique Massot

    I can appreciate your way of thinking as I have and continue to have conversations on the subject. You care about your “earned and hard worked for wealth” and see no reason that part of your wealth ends up supporting people who--perhaps--have not worked hard enough as yourself.
    In my view, the Nordic welfare state model is the best tried so far.
    “The model promotes social rights and the principle that everyone is entitled to equal access to social and health services, education and culture.” (The Nordic welfare model).
    I know Argentina would have a long path to establish such a system.

    Now, you say: “Argentina under Kirchner does not care to provide the poor with opportunities to become educated nor self sufficient.”
    In my view, measures such as the Universal Allocation per Child that supports the poor and unemployed--provided the child attends school and is vaccinated--was a wise measure that helps a bit and encourages poor parents to keep their kids at school. I know my country, and I know what happens to many of the poorest families: kids drop school, sometimes at seven or eight, and go try to bring some income home.
    Perhaps you are right and the members of the current government have enriched themselves; however, through their policies I see they have attempted a fairer share of the pie. Don't get me wrong: corruption is a cancer and must be extirpated. In the past, we had immense corruption but the papers were not even talking about it. One documented example was the nationalization of the private foreign debt at the end of the dictatorship--massive theft of resources re-directed to corporations.

    Mar 10th, 2015 - 04:09 am - Link - Report abuse 0
  • Captain Poppy

    I've seen Argentine poor: from 7 year old barefoot kids dancing on 9 de Julio at the lights near the Oblisk, up in Puerto Iguazu,, villa 5 et al. What is wrong with providing aid while at the same time bringing in big business to provide jobs, thus helping them become self sufficient?

    Nationalizing private debt was you government. Good or bad you have to live with your previous' government actions, as do I and we do. We bitch, elect, reelect, elect them thing we do not do is default on the debt.

    What about nationalizing private pensions in 2008, when they stole my wife's hard earned money......she got SHIT from that socialism action of theft.

    Mar 10th, 2015 - 06:05 pm - Link - Report abuse 0
  • Enrique Massot

    1. Glad to see you agree with providing aid and provide opportunities at the same time. We are on the same page here.

    2. Obviously. And I hope your country never reaches a default situation.

    3. Private pensions. “They stole my wife's hard-earned money...”
    I am sorry your wife was stolen her money. Haven't heard of lost pensions before. Still, I disagree with the well-promoted myth that private initiative fares better than the estate. It's a fact that good or bad administration examples can be found on both.
    I find it productive to leave to the private initiative businesses where competition exists, forcing entrepreneurs to offer goods and services of quality at competitive prices.
    However, privatizing sectors of the economy that have captive clienteles such as water and sewer services are of course the golden dream of private interests. If I have well-placed friends in government and get the contract, I have a money-making machine in my hands with no advertising expenses because I already got my customer base lined up. My customers can't leave me, and as a result, things such as my own profit may (and in fact, do) become the priority, pushing good services to the bottom of the list.
    From Wiki:
    “In 2004, the World Bank alerted about the failure of the pension plans reform promoted in Latin America by the IMF in the 1990s...privatizing the system failed to yield the promised benefits. Among the causes, the report mentions the 'excessive commissions' charged by the AFPs, as well as the formation of oligopolies.”
    In contrast, CFK's work, last September:
    “A pension moratorium law will incorporate about 500,000 persons of retiring age but who have not contributed the required 30 years' contributions.”

    So...qualifying the state controlling again the pensions as “socialism action of theft” sounds more like an ideologically-guided statement than a general sentiment.

    Mar 11th, 2015 - 05:43 pm - Link - Report abuse 0
  • Captain Poppy

    I have no problem with a social security system of pensions, but not when it is funded with private dollars as was the dollars expropriated by the Argentine government in 2008. She went from lots of money in her private pension account to a periodic statement saying here are your credits.

    I agree with providing aid to those in need but not forever.

    I find it unlikely that the USA will default, but I also find that the Democrats will always want to disproportionately spend money and they Republicans plays politics with debt and cut spending and taxes on extreme wealthy and the near term. In the long run they will have an “oh shit” moment, most likely when the silent majority get totally sick to the polarity in US politics.

    Mar 12th, 2015 - 02:07 pm - Link - Report abuse 0

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