The Federal Appeals Court today accepted prosecutor Germán Moldes’ appeal against a previous ruling which had dismissed late prosecutor Alberto Nisman’s complaint.
Before his mysterious death back in January, AMIA special prosecutor had requested to investigate president Cristina Fernández de Kirchner and other top government officials for the alleged cover up of Iran’s involvement in the 1994 deadly terrorist attack against the Jewish community centre.
Judicial sources said that after the Federal Court’s decision, the Criminal Cassation Court must now determine whether to investigate Nisman’s complaint.
A date for the Appeals Court to take the file to Cassations, where it would be assigned to one of the tribunal’s chambers, is yet to be fixed. Once the chamber is assigned, it would be the decision of the presiding judge to determine whether to uphold or reject Nisman’s accusation.
Prosecutor Moldes had complained about a supposed delaying mechanism in order for Cassation prosecutor Javier De Luca to take over the case. De Luca is a member of the Legitimate Justice group, aligned with the government.
Richard Wechsler is currently the prosecutor in control at the higher court, but the shift will change on Thursday with De Luca taking over.
The Court represents the last opportunity to convert Nisman’s criminal complaint into a formal case, after the accusation was dismissed in two previous instances. The Appeals Court voted beforehand to uphold the ruling of judge Daniel Rafecas, who had deemed that the accusation did not demonstrate any evidence of a crime being committed.
buenosairesherald.com