The Federal Criminal Cassation Court will have to decide if it opens an investigation to determine whether President Cristina Fernández de Kirchner sought to whitewash the Iranian involvement in the 1994 attack on the AMIA Jewish community centre, as late prosecutor Alberto Nisman claimed.
The members of the first court of the Federal Criminal Appeals Court, Judges Eduardo Freiler, Eduardo Farah and Jorge Ballestero yesterday authorized prosecutor Germán Moldes to appeal their ruling that ruled out the possibility of starting a probe to determine if there were grounds for Nisman’s accusations.
Sources said the judges will be issuing a formal writ today. Once the case reaches the Cassation Court — the country’s highest criminal court — one of the tribunal’s will have to be picked by lots.
If the writ arrives at the second first floor of the Comodoro Py courthouse before 1.30pm, the case will be assigned to Ricardo Wechsler, Moldes’ first choice. If the case arrives later, it will head directly into the hands of Javier de Luca, whom was accused of being a “militant prosecutor” by Moldes. According to Moldes, De Luca would likely drop the charges against the president as he is a member of Legitimate Justice, the pro-judicial reform association which has close links with the progressive sectors of the ruling party.
On January 14, Nisman filed a criminal complaint against the president and her Foreign Minister Héctor Timerman, among others, accusing them of seeking to cover up the AMIA bombing that killed 85 people in 1994. Four days later, Nisman was found dead of a gunshot to the head in his apartment in the City neighbourhood of Puerto Madero.
Nisman originally filed his complaint before Federal Judge Ariel Lijo, who is in charge of probing the cover-up of the attack during the 1990s. Lijo dropped the case and the head of the Federal Criminal Appeals Court, Martín Irurzun, sent the case to Daniel Rafecas’ office.
Federal prosecutor Gerardo Pollicita reformulated Nisman’s complaint and requested Rafecas to open an investigation but the magistrate refused, arguing that there was no crime to be investigated.
Pollicita appealed Rafecas’ decision and his request had to be backed by Moldes, one of the organizers of the February 18 silent march to honour Nisman a month after he was found dead. Moldes is seen also as an opponent of the national government.
Moldes believes Wechsler will probably back his appeal and request the Cassation Court to open an investigation. Wechsler has always kept a low profile but sources from the Comodoro Py courthouse told the Herald he attended the demonstration to pay tribute to Nisman.
For his part, De Luca is seen as a progressive prosecutor with close links with his boss, Attorney General Alejandra Gils Carbó, considered a key ally of the Kirchnerite administration.
Herald staff
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