Argentine Appeals Court upholds lower court ruling to dismiss Nisman complaint without a single evidentiary measure ordered

As predicted by La Nacion and La Politica Online, the Argentine Federal Court appeals chamber No. 1 upheld the ruling by lower court Judge Daniel Rafecas, who quickly dismissed the criminal complaint by Alberto Nisman against President Cristina Kirchner, Foreign Minister Hector Timerman and others, for covering up Iran’s involvement in the bombing of the AMIA in Buenos Aires in 1994. The panel of three judges voted 2-1 to dismiss the case along the same lines as Rafecas – without a single evidentiary measure requested.

Infobae reports that Judges Eduardo Freier and Jorge Ballestero voted to dismiss the appeal, and Judge Eduardo Farah dissented.

Wall Street Journal reports on Judge Farah’s dissent, who said “We have to appeal to common sense here. “Without investigating anything we leave room for but one thing, uncertainty. Only by initiating an investigation will we be able to answer all of the questions raised here. Not investigating this is not only incorrect but it is contrary to the law.”

La Nacion reports that federal appeals prosecutor German Moldes now has the chance to appeal to the Court of Criminal Cassation, the highest judicial instance before the Supreme Court of the Nation. Moldes would appeal for that court to set aside Rafecas’ arguments and agree to open the investigation and request evidentiary measures towards that end.

The New York Times reported that the ruling will divide Argentines, with pro-government individuals bolstering the ruling and government opponents questioning the impartiality of the judges.