As had been widely expected, pro-Kirchner prosecutor Javier De Luca announced yesterday that he would not pursue Alberto Nisman’s complaint against Argentine President Cristina Kirchner and others. De Luca issued an opinion which argued that, even if the Memorandum Of Understanding with Iran had been an attempt to provide impunity for the perpetrators of the AMIA bombing, “it would not be a crime,” given that it was ratified by the Congress, and that “the Legislative Branch, in exercise of its competence, cannot commit a crime.” The article did not mention that the courts found the MOU to be unconstitutional.
In his 27-page decision, De Luca argued that the “constitution prohibits the initiation and continuation of a criminal investigation simply to determine if a crime has been committed when it is readily clear that no crime has been committed.”
Prosecutor German Moldes argued last month that Nisman’s accusations merited a full federal investigation, saying De Luca was a “partisan political actor who wouldn’t give a fair hearing.” De Luca responded by calling Moldes “a gangster.”
La Nacion reports that Nisman’s mother, Sara Garfunkel, spoke before a small demonstration in front of the Supreme Court, asking that they intervene in the appeal of Nisman’s complaint. She was accompanied by Rabbi Sergio Berman, a national Deputy for the PRO, and other leaders.
IN OTHER RELATED NEWS:
On Sunday, April 19, news outlets reported that former Argentine intelligence chief, “Antonio” Jaime Stiusso, fled the country. He is supposed to appear before a court in Buenos Aires on Thursday to explain the results of the decade-long investigation into the AMIA terrorist attack.
Reports are that Stiusso was last seen in Brazil using an Italian passport.
Infobae reports exclusively that four wiretaps that hadn’t been released before, taken between January 14 (the day Nisman filed his complaint) and January 20, after Nisman was killed, include conversations between Iranian agent Jorge Khalil, Luis D’Elia, Fernando Esteche and Ruben Pascolini – a man close to D’Elia who currently serves in the national government as Secretary of Access to Habitat.
The men discussed an alleged request from the government to “stay silent” as the scandal erupted. Infobae indicates, without naming its sources, that the wiretaps were going to be added to the original complaint by Nisman.