Revista Pensar en derecho N�2.indd
The terrorist attack of 18 July 1994 that took place in Buenos Aires - at the Argentine Israelite Mutual Association (AMIA) - and its antecedent, the March 17 1992 bombing of the Israeli Embassy in Argentina were the gravest incidents of international terrorism in our country and they resulted in po...
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| Formato: | Artículo publishedVersion |
| Lenguaje: | Español |
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Universidad de Buenos Aires. Facultad de Derecho. Departamento de Publicaciones
2013
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| Acceso en línea: | http://www.derecho.uba.ar/publicaciones/pensar-en-derecho/revistas/2/el-acuerdo-argentino-irani-sobre-el-caso-amia-expectativas-y-decepciones.pdf http://repositoriouba.sisbi.uba.ar/gsdl/cgi-bin/library.cgi?a=d&c=pensar&cl=CL1&d=HWA_3074 https://repositoriouba.sisbi.uba.ar/gsdl/collect/pensar/index/assoc/HWA_3074.dir/3074.PDF |
| Aporte de: |
| Sumario: | The terrorist attack of 18 July 1994 that took place in Buenos Aires - at the Argentine Israelite Mutual Association (AMIA) - and its antecedent, the March 17 1992 bombing of the Israeli Embassy in Argentina were the gravest incidents of international terrorism in our country and they resulted in political and legal implications that are continue until our days. Especially, in the AMIA case, the various judicial cases that were opened as a result of the attack, have not yet been resolved and have seen comings and goings that resulted in a decision by the Supreme Court of Justice of the Nation, with convincing evidence about acts of corruption, procedural nullities, interference by the intelligence services, intervention of the political power and participation of international actors that, as a whole, led to a profound and terrible distortion in the search for truth and justice on the case. The result of this situation is, on the one hand, the impunity and the painful claim of the victims of the attack who are fighting for a case review, with a nearby oral proceeding in the horizon. On the other hand, a thorough investigation in the hands of the special prosecutor for the cause, with the intervention of a competent judge, whose main conclusions are the attribution of the attack to the government of the Islamic Republic of Iran - that is to say, an indictment of State terrorism - and the issuance of Interpol international arrest warrants for senior Iranian officials who are responsible for the organization of the attack. The Argentine government urged the Iranian government, several years ago, to undertake negotiations to agree to an effective mutual bilateral judicial cooperation. After several negatives, Iran accepted and the product of this negotiation was the Memorandum of Understanding, signed by the governments of both States, in Addis Abeba, on January 27th 2013. The agreement creates a Truth Commission, with headquarters in Tehran (Iran), an investigating body that will study and review the existing evidence to produce a final report, after hearings in which the accused shall be questioned. The final report will provide recommendations to both States must take into account in their future actions with respect to the trial. Obviously, this international legal act of great relevance for the circumstances and the context in which it is produced, should boost huge expectations in the pursuit of truth and justice. However, it is full of ambiguities, gaps and doubts, and, even more serious, of legal and political suspicions that conspire against its goals and against the transparency which should guide the negotiation and its result. This research and the reflections on this particularly sensitive international treaty (by the implications that entails) try to cast some light in the midst of the shadows that lurk and that attempt to prevent the resolution of the mystery of a true international crime. |
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