E/CN.4/2002/73/Add.1
page 20
from the destroyed building were mislaid, as were several important items seized in
searches; other important items were not confiscated or were given back without having
been analysed; audio and video cassettes were returned without having been copied or
recorded; there was no attempt to reconstruct events;
In terms of obstacles to the conduct of the investigation, the Migration Office failed to
provide various important pieces of information, as requested. Moreover, the security
forces were found responsible for the loss of significant pieces of evidence and for
having violated the prohibition on communicating with various police officers who had
been arrested; moreover, the security forces tipped off a suspect who was about to be
arrested, enabling him to escape;
It was also stated that elements of the case had been brought before the court conducting
the oral proceedings. If, as indicated by non-governmental interlocutors, the
investigation into other elements of the case is to continue, the decision compromises the
conduct of the investigation. It amounts to closing the investigation into the individuals
charged and the events in which they were involved, whereas, as matters stand, these
individuals and the evidence relating to them are the only elements in the file; in other
words, there is no other evidence and there are no other leads. The decision to refer the
case to the trial court may thus result in the closure of the investigation into the bombing
of AMIA. Moreover, the search for evidence relating to these individuals has not
finished. Thus, important evidence, the gathering of which was ordered by the court of
second instance, such as the reconstruction of events (and evidence emerging as a result),
as well as other evidence that might have emerged as the file was brought to the
knowledge of plaintiffs, has still not been produced;
Lastly, according to non-governmental sources, there has been little progress in the
AMIA case inasmuch as the results obtained six years into the investigation are more or
less those obtained in the first week; those responsible for the attack have not been
identified;
Approaches to the case have differed between, on the one hand, Memoria Activa, an
organization of families of victims seeking the truth and, on the other, the Delegación de
Asociaciones Israelitas Argentinas (DAIA) representing the Jewish community, as well
as families of victims. Memoria Activa members take the view that the failure of the
investigation to produce results has demonstrated the ineffectiveness of the State and
have decided to take the case to the Inter-American Court of Human Rights. DAIA, on
the other hand, takes the view that, notwithstanding instances of anti-Semitism in some
institutions such as the police, army and judiciary, trust must be placed in the Argentine
system of justice (Argentina was one of the first countries to have adopted
anti-discrimination legislation, which has been made use of by the Jewish community in
various cases and has led to many decisions in favour of Jewish plaintiffs), which must
be allowed to follow its course.