the sum of four hundred thousand dollars or pesos, was the culmination of an irregular activity of the State
aimed at obtaining an individual responsible for the attack, beyond what actually happened”17.
65.
The decision of the TOF 3 was appealed by the representatives of the Public Ministry and by one of the
complainants. On May 19, 2006, Chamber II of the National Chamber of Criminal Cassation confirmed the
appealed sentence18. On May 27, 2009, the Supreme Court of the Nation declared admissible the extraordinary
appeal presented by the accusers and decided that the lack of impartiality of Judge Galeano had only been
verified as of October 31, 1995 -at which time the investigation against the Buenos Aires police officers was
formally initiated- and that, consequently, the declaration of nullity did not extend to the investigatory phase
procedures that took place before that date19.
66.
The judgment of the Supreme Court of May 2009 resulted in the resumption of the criminal prosecution
regarding the so-called “local connection” of the attack. The investigatory phase was assigned to the Criminal
and Correctional Court No. 6 in charge of Judge Rodolfo Canicoba Corral, who delegated it to the Prosecutor's
Unit for Investigation of the Attack at the AMIA Headquarters (UFI AMIA) headed at that time by the Attorney
General Alberto Nisman 20 . The UFI AMIA was by then already participating in the investigation into the
perpetrators and the international connection of the attack (see infra paras. 69 to 84)
67.
In August 2012, Prosecutor Nisman filed a request for a trial with respect to Carlos Alberto Telleldín for
the crime of qualified homicide, concurrently with the crimes of repeated serious injuries, repeated minor
injuries, and multiple damages. The Prosecutor concluded in his decision that Telleldín delivered the Trafic van
"conditioned for its criminal purpose, to the next link in the terrorist chain, with knowledge of who were
receiving it and the purpose for which it would be used"21.
68.
According to the information provided by the parties, the second oral trial against Carlos Telleldín began
in May 2019. At the time of approval of this report, said process is still ongoing22.
2. The investigation delegated to the Prosecution Unit for the Investigation of the Attack on the
AMIA Headquarters by the Federal Criminal and Correctional Court No. 6 of the Federal Capital
69.
On December 3, 2003, and as a result of the recusal presented by the complaint of the Active Memory
Civil Association, the Federal Court of Appeals removed Judge Galeano from hearing those sections of the
investigation that had not been brought to oral trial. In August 2005, the Prosecution Jury of the National
Judiciary Council decided to remove Judge Galeano from his post for poor performance of his duties as
evidenced during the investigation of the attack23.
70.
The investigation fell to the head of Criminal and Correctional Court No. 6, which decided to delegate it
to the representative of the Public Ministry. The procedural purpose of this file was focused on clarifying the
identity of the material and intellectual authors of the attack. Through resolution 84-04 of the Attorney
General's Office, the UFI AMIA was created with the mandate to “act […] in the processing of the main
proceeding in which the attack that occurred on July 18, 1994 is being investigated […] and in all other cases
Press release of the Federal Oral Criminal Court No. 3 of the Federal Capital in relation to the statement issued today in case 487-00,
titled: “Telleldín, Carlos Alberto and others regarding qualified homicide… (attack on AMIA)” and its accumulations. Available at:
https://www2.jus.gov.ar/AMIA/Comunicado_de_prensa.pdf
18 Annex 3. Judgment of Chamber II of the National Chamber of Criminal Cassation dated May 19, 2006. Annex 7 of the petitioner's
communication dated November 11, 2019
19 Annex 4. Judgment of the Supreme Court of Justice of the Nation dated May 27, 2009. Annex 8 of the petitioner's communication dated
November 11, 2019.
20 Annex 5 Report of the Prosecutors in charge of the Prosecution Unit for the Investigation of the Attack on the AMIA dated October 25,
2006, (hereinafter: UFI AMIA 2006 Report) p. 1. Annex 12 to the petitioner's communication dated November 11, 2019.
21 Annex 6. Report on the request for a trial signed by the Attorney General of the Prosecution Investigation Unit of the attack on the AMIA
headquarters. Annex 10 of the petitioner's communication dated November 11, 2019
22 Communication from the petitioners dated November 11, 2019.
23 Annex 7. Final ruling of the Jury of Prosecution of Judges of the Nation in case No. 14 “Doctor Juan José Galeano / request for prosecution”.
Annex 35 of the petitioner's communication dated November 11, 2019.
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