Two Years after His Death, Nisman’s Complaint Could See the Light

January 18 will mark the second anniversary of the “mysterious” death of Argentine Federal Prosecutor Alberto Nisman. For more than 10 years, Nisman had been in charge of the investigation of the 1994 bombing of the Argentine Israelite Mutual Association (AMIA) building in Buenos Aires.

He was found dead in his apartment four days after making extremely serious allegations against then President Cristina Fernandez de Kirchner, her Foreign Minister Héctor Timerman and other people close to the government. Nisman stated he had extensive evidence that the government had secretly negotiated a pact with Iran in order to get impunity for the Iranians accused of plotting and executing the AMIA attack.

The pact the prosecutor was referring to — known as the Memorandum of Understanding — was signed in January 2013. Through this agreement, both governments pledged to create a “truth commission” to jointly investigate the AMIA bombing, something as absurd as creating a Nazi commission to investigate the Holocaust. At the time, the government justified the signing of this pact on the need to discover the truth. However, it seemed clear to most people who knew the case, that the signing of this pact represented a major shift in Argentina’s foreign policy, and an attempt to improve relations with Tehran at the expense of the bombing’s many victims.

The pact never came into force because the Iranian Parliament did not ratify it, and also because it was ultimately declared unconstitutional by an Argentine Federal Court. But it would have given the Iranians access to all the documentation of the case, and made it easier for them to get rid of the Interpol red alerts that Nisman had secured against the accused.

Nisman’s death left the country in shock and there are still no clear answers as to what exactly happened to him. However, there is now some hope that his complaint will finally be investigated.

Right after Nisman’s death, a brave prosecutor tried to get the courts to open a serious investigation into his allegations. But Daniel Rafecas, the judge assigned to the case, dismissed his complaint in a very expedited way and with questionable legal arguments. His ruling was appealed but the Federal Court quickly dismissed it as well. A federal prosecutor subsequently appealed this decision before the Court of Cassation—the last resort that the Argentine criminal system admits before resorting to the Supreme Court. But the prosecutor who needed to allow the case to get to the Court of Cassation failed to do it (probably because of his known ties with the former government) and therefore, all doors seemed to get closed and most Argentineans believed that a proper investigation would never take place.

However, several things changed since then. On Dec. 10, 2016, Mauricio Macri took office as the new president of Argentina, and one of the first things he did was to let the pact with Iran die. He did this by not appealing the ruling that had declared it unconstitutional. Macri also said that he expected the judiciary to act with independence and to get to the truth.

Several months ago, the Delegation of Argentine Israelite Associations (DAIA), which is the Jewish umbrella organization in Argentina, made a new presentation alleging that the case should be re-opened because of “newly found evidence,” and requested to be admitted as a plaintiff. The new pieces of evidence submitted were a recording that was found in which  Timerman — in a conversation with the former head of the AMIA — conceded that he was negotiating with the ones that “placed the bomb,” and the ruling that declared that the pact with Iran was unconstitutional.

Rafecas, the original judge of the case dismissed the request and so did the Federal Court, but when the issue got to the Court of Cassation once again, they finally decided to re-open the investigation. The Court of Cassation accepted the DAIA as a plaintiff and ordered Rafecas and the other judges that had intervened to withdraw from the case.

For the first time in two years the possibility to get to the truth seems real. And, of course, this case could shed light on what really happened to Nisman, as his death is undoubtedly linked to his complaint.

It is still too early to know if the investigation will go as far as it needs to go, but the re-opening of the case is certainly a promising sign.

This post was originally published on the B’nai B’rith website.

About the Author
Adriana Camisar is B’nai B’rith International's Special Advisor on Latin American Affairs. A native of Argentina, Camisar is an attorney by training and holds a Master’s degree in international affairs from the Fletcher School of Law and Diplomacy, Tufts University.
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