Rafecas dismissed Nisman's accusation against the President on AMIA cover-up
Federal Judge Daniel Rafecas dismissed on Thursday, the accusation for alleged cover-up in the bombing of the AMIA Jewish community center, against President Cristina Fernández de Kirchner, since there are no elements to move forward with an investigation that targets the Chief of State, as confirmed judicial sources.
"As of all the evidences gathered in this file up-to-date, presented by the late prosecutor (Alberto Nisman), having studied the extensive presentation thoroughly, examined with the major attention the mentioned journalistic and intelligence reports presented; read rigorously each of the taping records (which is necessary to make clear, there is no intervention of any national official), I reach the conclusion that there is not a single element, that targets the Chief of State", Rafecas concluded.
He added that "none of the two hypotheses of a crime put forward by prosecutor Pollicita in his writing reach the minimum level of scrutiny," wrote Rafecas in his ruling.
And then he remarked: "The first, ("Truth Commission"), because the alleged crime was never committed; and the second ("red alerts" lifting), because the collected evidence, far from sustaining the prosecutor´s version at minimum level, denies it in a plain and lapidary way, leading to the conclusion of the nonexistence of a crime."
The accusation was presented by the late general prosecutor Alberto Nisman, last January 14.
In the resolution, Rafecas held he had analyzed all of the complaint's elements and that they "inhibit the opening of a penal procedure, because they not just leave without any typical ground the fact characterized as an alleged 'cover-up maneuver' and 'obstruction of the investigation' of the AMIA attack intended to grant impunity to the Iranian citizens accused, but also, such evidences are categorically opposed to the alleged 'criminal plan'".
"Thus, all the alleged actions and negotiations that the complaint attributes to several persons who are not members of any public organism – reflected in the phone tapping records –, remain – if possible – limited to the anteroom of the commencement of execution that requires – as it was already disclosed – the Penal Law for its intervention within the framework of the adduced criminal hypothesis," he added.
In relation to the Memorandum of Understanding with Iran, he held that "that agreement, which had been signed at the end of January 2013, had a gestation expectation (bound for its future coming into force) of a few weeks, due to Iran, according to the denouncer itself, gave up any interest on the issue after the Interpol official communiqué released a month and a half later, on March 15th, 2013. And in fact, after almost two years, from that time on, there were no elements to move forward."
"To say it in plain words. The conceived creature within the framework of the Memorandum, that is, the "Truth Commission," could never be born. Since then, two years have gone by. So, it was buried, six month ago, being declared as unconstitutional," he added.
"Within this scene, to even try out a hypothesis of alleged cover-up crime is really an unfounded accusation," he concluded when dismissing the complaint against the President, the Foreign Minister Timerman and other involved persons.
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