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Complaint Prosecutor Nisman.Pdf TRANSLATION ------------------------------------------------------------------------------------ [All translations of citations are unofficial] PUBLIC PROSECUTOR’S OFFICE ACCUSATION \ [Signature] Alberto Nisman General Prosecutor Your Honour, Federal Judge Ariel O. Lijo: I, ALBERTO NISMAN, General Prosecutor in charge of the Prosecutorial Investigation Unit for the bombings carried out on 18 July 1994 against the AMIA building [Case No. 3446/2012, “Velazco, Carlos Alfredo y otros por abuso de autoridad y violación de los deberes de funcionario público” (on abuse of authority and violation of the duties of public officials), Court No. 4 in Federal Criminal and Correctional Matters for the City of Buenos Aires, Clerk’s Office No. 8] appear in this Court and respectfully state as follows: I.‐ Purpose In compliance with the legal mandate provided for in section 177 (I) of the Argentine Code of Criminal Procedure and in my capacity as representative of the Public Prosecutor‘s Office in charge of the Investigation Unit for the AMIA case, I hereby report the existence of a criminal plan designed to give impunity to the indicted Iranian nationals in that case, so that they may escape the investigation and be released from the measures taken by the Argentine courts with jurisdiction over the case. This plan has been orchestrated and set into motion by high authorities of the Argentine federal government, with the cooperation of third parties, which entails a criminal action that constitutes, a priori, the following offences: aggravated cover-up, prevention or hindrance of 1 the performance of official duties, and breach of the duties incumbent upon public officials (Sections 277 (1) and (3), 241 (2) and 248 of the Criminal Code). This is extremely serious given that the event whose cover-up I hereby report —i.e. the terrorist attack against the AMIA headquarters— has been declared by the courts as a crime against humanity and has been classified by the Judge hearing the case as an act of genocide. The deliberate decision to cover up the Iranian nationals accused of having perpetrated the terrorist attacks of 18 July 1994, as shown by the evidence found, was made by the Head of the Argentine Federal Executive, Cristina Elisabet Fernandez de Kirchner, and implemented, mainly, by the Argentine Minister of Foreign Affairs and Worship, Mr. Hector Marcos Timerman. Furthermore, the evidence examined proves the active participation in the cover-up plan of a number of individuals with different degrees of involvement and responsibility to be determined during the investigation, including: Luis Angel D‘Elia, Fernando Luis Esteche, Jorge Alejandro ―Yussuf‘ Khalil, Argentine Congressman Andres Larroque, Mr. Hector Luis Yrimia and an individual identified as ―Allan‖, who has played a most prominent role in the events in question, who reports to the Intelligence Secretariat of the Argentine Presidency, and whose real name according to the evidence appears to be Mr. Ramón Allan Hector Bogado. Moreover, the investigation will also have to determine the actual role played by certain individuals with respect to whom there is prima facie evidence pointing to the fact that they were not unaware of the criminal action reported herein, including the Argentine Minister of Federal Planning, Public Investment and Services, Mr. Julio De Vido. Finally, the investigation proposed herein must identify and determine the criminal responsibility for the reported offences that should be attributed to the persons —whether public officials or not— who took part in the drafting, negotiation, execution and implementation of the agreement signed with the Islamic Republic of Iran, as one of the means for achieving impunity. This includes both the persons whose roles were known to the public at large, and those who have taken part but whose involvement was not known to the public. Introduction: Throughout this accusation, we will refer to the pieces of evidence that show the existence of a sophisticated criminal plan, deliberately designed to cover up and give impunity to the Iranian 2 nationals accused in the proceedings relating to the bombings of the AMIA building, so that they may escape Argentine justice once and for all and avoid its measures. As we may also see, at the time when the criminal plan was devised and implemented, the energy crisis that our country went through and still faces and the desire to re-establish full trade relations between the States, connected with a vision of geopolitical rapprochement with the Islamic Republic of Iran, were —as demonstrated by the evidence available— determining factors for the Argentine President, Cristina Elisabet Fernandez —with the participation and cooperation of Hector Timerman— to make the poor decision to go ahead with the impunity plan, thus sacrificing justice in the AMIA case. In effect, the fact that this criminal plot was decided by the Argentine President and set into motion, mainly, by her Minister of Foreign Affairs and Worship, Hector Marcos Timerman will be proven. Furthermore, we will demonstrate the active criminal participation of third parties in the offence, including the following persons: Luis Angel D‘Elia; Jorge Alejandro ―Yussuf‘ Khalil; Argentine Congressman Andres Larroque; Fernando Esteche; the former Prosecutor appointed to act jointly, alternatively or successively in the AMIA case, Hector Luis Yrimia; and an individual who reports to the Intelligence Secretariat of the Argentine Presidency, who has been identified as ―Allan‖ and who, according to the evidence found, appears to be Ramón Allan Hector Bogado. In this respect, evidence will be produced showing that the plan reported herein included secret and public negotiations with the Iranians, during which an agreement was reached to remove the Interpol red notices, and that those negotiations resulted in the execution of a Memorandum of Understanding which, in essence, must be regarded as what it truly is: merely one of the tools chosen by the persons accused herein in order to guarantee what had been previously agreed upon; that is, the impunity of the Iranian fugitives and their disassociation from the proceedings for good. As will be explained in detail throughout this document and introduced briefly below, the execution and ratification of such memorandum plainly entails the destruction of the indictments against the accused Iranian nationals: First, because the conclusions of the so-called ―Truth Commission‖, as demonstrated by the evidence, had already been agreed upon by the signatories beforehand; second, because, as shown by the facts, the agreement was the excuse provided by the parties to request Interpol to remove the red notices; and, third, because its confusing and ambiguous phrasing, as well the countless successive stages established — without any duration having been provided for— in order for its provisions to be enforced, 3 allow the parties to this impunity agreement to indefinitely refer to the existence of the Memorandum, even though in practice it produces no legal effect whatsoever. In addition, it will be proven that the impunity plan formulated by the Argentine President involved changing the hypothesis and redirecting the judicial investigation of the AMIA case to ―new indictees‖, on the basis of false evidence and with a view to fraudulently disassociating the accused Iranian nationals for good. As a matter of fact, some of the persons accused herein expressly engaged in the fabrication of this false hypothesis. They know that the ―Truth Commission‖ had not been created in order to conduct any investigation, but to legitimize the lie that they were concocting. It will be demonstrated that this criminal plan also involved secret agreements, which were outside the Memorandum of Understanding. In this regard, the removal of the red notices issued by Interpol for the Iranian officials was —secretly— agreed upon as it was Tehran‘s chief interest in order to sign the memorandum. In addition, it will be demonstrated that the parties had secretly agreed that, in practice, the former Minister of Defence of Iran, Ahmad Vahidi, who is currently a fugitive from Argentine justice, would never be interrogated, in spite of the provisions of the Memorandum, since this had already been agreed upon by the parties: ―it had already been discussed‖. Likewise, it will be shown that the public officials involved in this criminal plan, having either Argentine or Iranian nationality, had a common goal. They were not two parties negotiating an agreement, as they intended to appear before the public, but two partners seeking to erase —without anyone noticing— a criminal indictment for a crime against humanity. What is more, we will demonstrate here that the steps taken and the progress made in relation to the criminal plan were communicated in real time not only to Iranian authorities, but also to one of the fugitives in the AMIA case, Mohsen Rabbani, who participated in trade negotiations with the Argentine authorities involved in this plan, as well as in the negotiations mainly aimed at guaranteeing his own impunity. Furthermore, as will be demonstrated, there was a vicious campaign to discredit the investigation conducted in the case, for the purpose of undermining the judicial version of the facts, coupled with a campaign of deceit, composed of fallacies, misrepresentations, lies, denials, false promises and the manipulation of survivors and relatives of the victims of the bombings, in order to prevent the public opinion from
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