14 December 2015
The prosecutor at the Federal Court of Criminal Cassation, Raul Plee, today asked that the memorandum of understanding with Iran be definitively found unconstitutional and that the documentation that was used in that file be sent to the federal judge Daniel Rafecas to analyze the reopening of the case that was initiated by the late prosecutor Alberto Nisman’s complaint against then President Cristina Kirchner for alleged concealment of those accused of the attack on the AMIA.
“It is publicly known that the Ministry of Justice and Human Rights has withdrawn the appeal,” Plee said in his presentation, which Infobae had access to, referring to the Macri government’s decision not to pursue the case .
Thus, the Cassation prosecutor added that “the decision should be declared final” after the decision of Chamber I of the Federal Appeals Court in May last year which declared the memorandum signed between the government of Cristina Kirchner and Iran unconstitutional.
The government appealed the ruling to Cassation, which has not yet ruled, but now the Macri administration gave up on continuing the case.
In his brief, Plee went further and asked the documentation which was analyzed in the case be sent to Judge Rafecas to “decide on the possible reopening” of the case that was initiated by the complaint filed by Nisman, days before being found dead, against Cristina Kirchner, former Foreign Minister Hector Timernan and other former officials.
This is documentation that the Directorate General for Legal Affairs in the Ministry of Foreign Affairs sent to Cassation on the precedents that were studied for the issuance of the memorandum and that the Foreign Ministry had called “secret and/or confidential.”
“Both in the actions during the prolonged processing of this injunction, as well as the content of such documentation, it could be useful for deciding whether to reopen the proceedings of case No. CFP 777/2015 / CA1 National Criminal Court and Correctional Court No. 3, Secretariat No. 5,” said Plee referring to the criminal complaint filed by Nisman and which was archived by Judge Rafecas and Chamber I of the Federal Appeals Court.