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14/02/2015 | Argentina - Prosecutor Puts Leader of Argentina on Defensive

Jonathan Gilbert and Simon Romero

The prosecutor revived the accusations leveled by Alberto Nisman, whose mysterious death has gripped the country.

 

A federal prosecutor in Argentina on Friday revived the explosive accusations leveled by Alberto Nisman, the prosecutor whose mysterious death has gripped the country, by seeking to charge President Cristina Fernández de Kirchner with shielding Iranians from responsibility over a 1994 bombing.

Putting Mrs. Kirchner on the defensive, the move by the prosecutor, Gerardo Pollicita, prevents the 289-page criminal complaint that Mr. Nisman had filed against Mrs. Kirchner before his death last month from languishing in Argentina’s legal system.

Mr. Pollicita is also seeking to charge the foreign minister and other political supporters of Mrs. Kirchner, continuing the case Mr. Nisman had begun.

Jorge Capitanich, Mrs. Kirchner’s cabinet chief, called the move “judicial putschism” and “an active strategy of destabilization.”

The angry reactions to the charges reflect the rising tension between Mrs. Kirchner’s government and parts of the judiciary. A group of prosecutors are planning a march here on Feb. 18 in Mr. Nisman’s honor at a time when many Argentines are claiming that the president is meddling in the inquiry into Mr. Nisman’s death.

“This is going to make things worse; it’s like a snowball,” said Sergio Berensztein, a political analyst, referring to the tensions. “The government doesn’t accept the legitimacy of the cases against it; they see a judicial coup,” he said, referring to separate corruption investigations shrouding Mrs. Kirchner and her vice president.

Mr. Nisman, the lead investigator of the 1994 attack on a Jewish center, which left 85 people dead, had described in his criminal complaint a complex web of back-channel negotiations, accusing Argentina’s president of directing an effort to reduce pressure on Iranians wanted in connection with the bombing in exchange for trade benefits.

The Treasury Attorney-General’s Office, which represents the state in legal disputes, filed a defense on Friday, saying it wished to “show the unfounded nature of the complaint.” Mr. Nisman was found dead with a gunshot wound to the head in his apartment the day before he was scheduled to speak before Congress about his claims. While investigators are seeking to determine if his death was a suicide or a murder, Mrs. Kirchner and senior officials have cast suspicion on others, including an aide to Mr. Nisman and an ousted spy chief from Argentina’s main intelligence agency.

Mr. Pollicita, who was assigned to review Mr. Nisman’s case against Mrs. Kirchner, could have decided that the complaint was not worth pursuing. But while Mr. Nisman had acknowledged in his complaint that the secret deal had not materialized, Mr. Pollicita believed that the evidence was sufficient for the case to progress.

A judge, Daniel Rafecas, will now begin the process of requesting evidence and setting up investigative inquiries, and can decide whether the case should be dismissed or proceed to involve a trial, said Susana Ciruzzi, a professor of criminal law at the University of Buenos Aires.

Still, Professor Ciruzzi emphasized that the case was unlikely to be resolved soon because of the complexity of the evidence and because the defendants’ lawyers may seek to “muddy the playing field.”

Aníbal Fernández, Mrs. Kirchner’s chief of staff, said that “the charges have no legal value.”

Challenging a central premise of Mr. Nisman’s complaint, Mrs. Kirchner’s government has previously pointed out that Interpol had confirmed that the foreign minister, Héctor Timerman, had not tried to lift warrants for the arrest of the Iranian officials wanted in

connection with the bombing.

Francisco Resnicoff, a political analyst at the Cefeidas Group, an international advisory firm, said it remained to be seen how the judge would view the prosecutor’s move. “It is based on evidence that has a big media impact ahead of the Feb. 18 march but may not necessarily overcome the legal test,” he said of the decision to seek charges.

Laura Alonso, an opposition lawmaker, called for an impartial investigation into the accusations made by Mr. Nisman. “Now we have to let the judge and the prosecutor work without pressure or interferences,” she told the DyN news agency.

Referring to the upheaval in Argentina’s political establishment after Mr. Nisman’s death, Julio Cobos, an opposition party leader, told the local news media, “It’s not normal for a country to have its vice president indicted and a request for the president to be charged,” referring to the prosecutor’s move on Friday and the indictment last year of Amado Boudou, the vice president, in a corruption case involving the easing of a printing company out of bankruptcy.

Beyond the uproar over reviving Mr. Nisman’s accusations against Mrs. Kirchner, the attorney general, Alejandra Gils Carbó, on Friday named a team of four prosecutors that will take over Mr. Nisman’s separate investigation into the bombing of the Jewish center, which he had been leading for a decade.

Mr. Nisman had accused Hezbollah, the Lebanese Shiite movement, of carrying out the attack and Iranian officials of planning and financing it, but the case has not been solved.

Three prosecutors — Sabrina Namer, Roberto Salum and Patricio Sabadini — will now work under a coordinating prosecutor, Juan Murray. “The search for the truth is not an easy task,” Ms. Gils Carbó said about the investigation they will pursue, which has been mired by setbacks. “But nor is it impossible.”

Jonathan Gilbert reported from Buenos Aires, and Simon Romero from Rio de Janeiro. Charles Newbery contributed reporting from Buenos Aires.


NY Times (Estados Unidos)

 


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