[insignia] Office of the Public Prosecutor of the Nation [signature] Alberto Nisman, Chief Prosecutor FILING OF COMPLAINT His Honor the Federal Judge Dr. Ariel O. Lijo ALBERTO NISMAN, Chief Prosecutor, head of the Unidad Fiscal de Investigación [Prosecutorial Investigation Unit] concerned with the attack carried out on July 18, 1994, against the headquarters of the AMIA [Asociación Mutual Israel Argentina – Argentine Israelite Mutual Aid Association] [cause 3446/2012, “Velazco, Carlos Alfredo et al. for abuse of power and breach of duty by a public official, in National Federal Criminal and Correctional Court No. 4, Clerk of Court No. 8] appears before you and respectfully states: I. Purpose In accordance with the legal mandate set forth in article 177 paragraph 1 of the National Code of Criminal Procedure, as representative of the Public Prosecutor’s Office responsible for the Investigation Unit concerned with the “AMIA” cause, I hereby file a complaint relating to the existence of a criminal plan aimed at according immunity to those individuals of Iranian nationality who have been accused in this cause in order for them to avoid investigation and be exonerated from the jurisdiction of the Argentine courts having competency in this case. This conspiracy has been orchestrated and implemented by senior figures in the Argentine national government with the collaboration of third parties in what constitutes a criminal acts defined, a priori, as the crimes of aggravated accessory after the fact through personal 1 influence, obstruction or interference with official procedure and breach of duty by a public official (art. 277 ¶¶ 1 and 3, art. 241 ¶ 2 and art. 248 of the Criminal Code). These crimes are the more serious when it is borne in mind that the action whose concealment is the subject of this filing – i.e. the terrorist attack carried out against the headquarters of AMIA – has been legally declared a crime against humanity and classified as genocide by the presiding Judge in the cause. As demonstrated by the evidence so far uncovered, the calculated decision to conceal those individuals of Iranian nationality who have been accused of the terrorist attack of July 18, 1994, was taken by the head of the National Executive Branch, Dr. Cristina Elisabet Fernández de Kirchner, and implemented mainly by the Nation’s Ministro de Relaciones Exteriores y Culto [Minister of Foreign Affairs and Worship], Mr. Héctor Marcos Timerman. In addition, the evidence examined reveals the active involvement in the cover-up plan of a number of individuals whose varying degrees of participation and responsibility the inquiry shall seek to establish: Luis Ángel D’Elía, Fernando Luis Esteche, Jorge Alejandro “Yussuf” Khalil, National Legislative Deputy Andrés Larroque, Dr. Héctor Luis Yrimia and an individual identified as “Allan” who played a significant role in the events, who reports to the Intelligence Secretariat of the Office of the President of the Nation and who, based on the circumstantial evidence obtained, is Mr. Ramón Allan Héctor Bogado. Moreover, the investigation must also establish the exact role played by several individuals with respect to whom there is prima facie evidence to surmise that they were not unconnected with the alleged criminal scheme, among whom we should mention Julio De Vido, Ministro de Planificación Federal, Inversión Pública y Servicios de la Nación [National Minister of Federal Planning, Public Investment and Services]. Finally, it will be the responsibility of the inquiry hereby being carried out to specifically identify and establish the criminal responsibility that all of those persons, whether public officials or otherwise, who were involved in the preparation, 2 [insignia] Office of the Public Prosecutor of the Nation [signature] Alberto Nisman, Chief Prosecutor negotiation, finalization and implementation of the agreement signed with the Islamic Republic of Iran as a means of securing immunity. This not only includes those whose positions were in the public eye, but those who eventually participated without that involvement having become common knowledge. Introduction: During the course of this complaint, evidence will be adduced to demonstrate the existence of a sophisticated criminal plan that was deliberately devised to conceal and afford immunity to those Iranian nationals who have been accused in the case relating to the attack on the headquarters of the AMIA, in order that they may permanently evade and be exonerated from Argentine justice. Based on the evidence that has been uncovered, it will also be seen that during the time this criminal plan was hatched and implemented, the energy crisis which, then as now, was being experienced by this country and the desire to reestablish full commercial relations at government level were, together with a diplomatic strategy of rapprochement with the Islamic Republic of Iran, decisive factors in persuading the nation’s leader, Dr. Cristina Elisabet Fernández, with the indispensable and invaluable participation and collaboration of Héctor Timerman, to take the unfortunate decision to implement this immunity plan at the expense of justice in the AMIA case. It will in fact be established that this criminal conspiracy was approved by the nation’s president and implemented mainly by her Minister of Foreign Affairs and Worship Héctor Marcos Timerman. The active criminal participation of third parties to this action will also be demonstrated, among whom we should mention Luis Angel D’Elía; Jorge Alejandro “Yussuf” Khalil; National Legislative Deputy Andrés Larroque; Fernando Esteche; the former prosecutor appointed to act jointly, 3 alternately or successively in the AMIA case, Héctor Luis Yrimia; and a member of the Secretaría de Inteligencia de Presidencia de la Nación [Intelligence Secretariat of the Office of the President of the Nation] known as “Allan,” whom the evidence that has been uncovered suggests is Ramón Allan Héctor Bogado. Moreover, evidence will be submitted that demonstrates that the plan alleged in this complaint included both secret and public negotiations with the Iranians, during which it was agreed to withdraw the Interpol red notices, and that these dealings resulted in the signing of a Memorandum of Understanding that should be understood for what it truly is: yet another means chosen by those named herein to secure what had already been agreed to, namely the immunity of the Iranian fugitives and their permanent removal from the cause. As will be shown in detail during the course of this complaint, and of which a foretaste will be given a few paragraphs below, the signing and ratification of that document quite simply implies the destruction of the charges that have been filed against the accused Iranian nationals. First, because, as revealed by the evidence, the conclusions reached by the so-called “Comisión de la Verdad” [Truth Commission] had been previously arranged by the signatories. Second, due to the fact that, as proven by the evidence, the agreement was an excuse given by the parties to request Interpol to withdraw the red notices. Third, because the confused and ambiguous wording of the latter and the innumerable and consecutive phases described within it while stipulating no date whatsoever for the application of its provisions allows the parties to this immunity agreement to make unspecific reference to the existence of the Memorandum despite the fact that it has no practical legal effect whatsoever. It will also be proven that the immunity plan devised by the nation’s president included a change of theory and a redirecting of the legal investigation into the AMIA case toward “new suspects” based on false evidence aimed at definitively and fraudulently removing the accused Iranian nationals from the cause. Indeed, some of those named herein were specifically approached for the purpose of fabricating this 4 [insignia] Office of the Public Prosecutor of the Nation [signature] Alberto Nisman, Chief Prosecutor false theory. They knew that the “Truth Commission” had not been established for any investigative purpose whatsoever, but only to legitimize the lie that had been created. It will be established that this criminal plan also involved secret agreements outside of the Memorandum of Understanding. It was therefore agreed – in secret – to withdraw the Interpol red notices that were and are in force against the Iranian officials, this being Tehran’s principal concern in signing the agreement. In addition, it will be proven that it was secretly agreed that former Iranian Defense Minister Ahmad Vahidi, who is currently a fugitive from Argentine justice, would never be interrogated, despite the stipulations contained in the Memorandum that had already been agreed to between the parties: “this had already been discussed earlier.” In addition, it will be shown that the officials involved in this criminal plan, whether Argentine or Iranian, have had a common objective. This therefore has less to do with two parties negotiating an agreement – as was publicly declared to be the case – but involves two partners attempting to erase a criminal charge of crimes against humanity without anyone noticing. What is more, it will be demonstrated herein that the measures and steps involved in the criminal plan were communicated in real time not only to the Iranian authorities, but also to one of the fugitives in the AMIA cause, Mohsen Rabbani, who participated in trade negotiations with the Argentine authorities involved in this plan and was involved