29.
In response to its acknowledgment of responsibility, the State argued that it was unnecessary to make
observations regarding the merits of the case and confirmed on a number of occasions its willingness to reopen
the dialogue process with the victims in order to jointly advance in the compliance with the agreed points.
30.
Regarding compliance with the commitments agreed, the State first pointed out that the
acknowledgment of responsibility was disseminated through the publication of the text of Decree 812 in two
newspapers with national circulation. It also reported that the Grossman report is published and available on
the website of the Ministry of Justice and Human Rights.
31.
On the other hand, with regard to the investigation, the State reported that it has provided various
resources to the Prosecution Unit in charge of the Investigation of the AMIA Attack under the Public Ministry
(UFI AMIA) in order to guarantee a survey of all the information on the case that was on file with the Federal
Intelligence Agency (AFI). In this regard, the State indicated that through Decrees 395/15 and 229/17 the
declassification of all the documentation, notes, reports, and resolutions related to the investigation of the
attack was ordered, which would be organized, systematized, preserved, and analyzed by the UFI AMIA.
32.
The State also indicated that the AMIA Unit of the Ministry of Justice was strengthened, allowing the
Executive Power to have an active participation as plaintiff in the processes related to the cover-up.
33.
Regarding the measures of general scope to avoid the repetition of events such as those that occurred,
the State detailed the progress made in creating a unit specialized in emergency management. It also mentioned
the creation, in February 2015, of the Federal Intelligence Agency (AFI) through law 27.126. Regarding access
to intelligence information by judges in investigations related to acts of terrorism, the State detailed the
institutional channels through which the information would be shared since the creation of the AFI, and
reported on the establishment of a Commission for the creation of a bank for data protection and intelligence
files.
34.
Finally, and regarding specific reparations for the victims of the AMIA attack, the State highlighted the
enactment of Law No. 27.139 that establishes the right to obtain compensation for those who died or suffered
serious or very serious injuries and their successors. Likewise, it indicated that the payment of costs and fees
for the national and international proceedings has been handed over to the Ministry of Justice in order to
continue its process.
IV.
ACKNOWLEDGMENT OF RESPONSIBILITY BY THE ARGENTINE STATE
35.
The State recognized its international responsibility by signing an agreement act with the petitioners
and the IACHR on March 4, 2005. Said document states that:
The Government recognizes the responsibility of the Argentine State for the violation of the human rights
denounced by the petitioners in the presentation made to the IACHR in this case: right to life (Art 4 of
the American Convention); right to humane treatment (art. 5 AC); right to a fair trial (art. 8 AC) and right
to judicial protection (art. 25 AC); and the guarantee obligation (art. 1.1 AC), in the following terms.
In this sense, the State acknowledges the responsibility since there was a breach of the prevention duty
for not having adopted the appropriate and effective measures to try to prevent the attack, taking into
account that two years before the event another terrorist act had occurred against the embassy of Israel
in Argentina.
The State acknowledges the responsibility because there was a cover-up of the facts, because there was
a serious and deliberate failure to carry out the investigation function of the illegal act that occurred on
July 18, 1994, and because this failure to carry out an adequate investigation led to a clear denial of
justice. All of this was declared by the Federal Oral Criminal Court No. 3 of the City of Buenos Aires in its
judgment of October 29, 2004.
36.
The Commission observes that, at the hearing held in the framework of its 174° period of sessions, the
State referred to the acknowledgment of responsibility made in 2005 and the friendly settlement process
concluded in 2012. On that occasion, the representatives of the State indicated that, despite the conclusion of
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