investigations and to hold the respective oral trials. In addition, the petitioners and their legal representatives
have also appealed to the highest authorities of the Attorney General's Office in order to request that the
prosecutors involved in the cover-up processes play a more proactive role when prosecuting criminal public
actions272.
290. Along the same lines, the Commission emphasizes that the procedural object of the investigations
outlined in this section is the prosecution and possible imposition of criminal penalties for acts of concealment
and cover-up of the truth by public officials. The importance of investigating and prosecuting these types of
acts within a reasonable time is particularly high given that the cover-up maneuvers took place within the
framework of the investigation into the terrorist attack on the AMIA headquarters, which resulted in dozens of
fatalities and hundreds of wounded and was classified by the national judicial authorities themselves as a case
of serious human rights violations.
291. Finally, in relation to the investigation of the complaint filed in January 2015 by prosecutor Nisman for
the possible crime of cover-up in the context of the signing of the Memorandum of Understanding between
Argentina and Iran, the Commission has verified that, 5 years after the initiation of the judicial investigation,
the Argentine judicial authorities have not yet issued a judgment that establishes the existence or not of
criminal conduct on the part of the people subjected to the process, neither there is a judicial pronouncement
that determines that the facts denounced actually occurred.
iii)
Conclusion
292. In light of the above considerations, the Commission concludes that the period of more than 20 years
that the various criminal proceedings in which the facts covering up the attack on the AMIA have been
investigated have not resulted in an effective determination of the corresponding responsibilities. In this sense,
the processes for the cover-up have not contributed to clearly identify the actions or omissions in which the
authorities incurred, which is especially serious in the present case where, as has been established, there are
multiple irregularities and deviations that have become factors of impunity.
293. Consequently, these processes have been extended in an unreasonable manner, they have not
contributed to the knowledge of the truth about the cover-up maneuvers and, therefore, they have not
corrected the multiple irregularities that have been committed throughout the investigation. In particular, the
Commission observes that such investigations have not revealed what were the real motivations that could be
found behind the facts under investigation, including the generation of evidence to produce a conviction on the
involvement of certain Buenos Aires police officers in the events and in the abandonment of the so-called
“Syrian / Kannore Edul lead”.
294. In view of the foregoing, the Commission concludes that the various processes into the cover-up the
attack on the AMIA have not been conducted diligently and within a reasonable time. Consequently, the
Commission understands that there has not been an effective remedy that meets the requirements set forth by
Articles 8 and 25 of the American Convention.
1. Regarding the reasonable time and the right to the truth
295. Considering the elements for the analysis of the reasonable time set out above, the Commission
acknowledges that the investigation followed by the facts of this case is somewhat complex, taking into account
the nature of the facts and that the criminal structure or network that could be behind the attack could even go
beyond the borders of the Argentine State.
296. Notwithstanding this, as has been stated throughout this report, the conduct of the authorities in charge
of the investigation -especially in the initial proceedings and those in charge of the Federal Criminal and
Annex 19. Note addressed to the Attorney General of the Nation dated May 30, 2013. Annex 15 to the petitioner's communication dated
October 31, 2014.
272
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