308. The Commission has taken note that both the petitioners in their various communications and the UFI
AMIA in its public access reports have coincidentally indicated that the documentary collections gathered or
produced by the SIDE are made up of files of various formats, all of which were opportunely classified as secret,
in accordance with the legal regime that regulates the functions and activities of the bodies that make up the
Argentine national intelligence system282.
309. Likewise, the Commission has been informed of the existence of a series of decrees and official initiatives
aimed at organizing, systematizing, transferring custody, and declassifying relevant information produced or
stored by various State agencies and, in particular, documentation that was originated by the SIDE, or it
remained or continues to remain in its power.
310. In this regard, the Commission reaffirms that it does not consider it necessary in the present case to refer
to the decision of the States to involve the intelligence agencies and their officials as collaborators of the justice
system in criminal investigations; however, as has been indicated, there are certain safeguards to consider by
virtue of the evidence or conjectures that are intended to support. The Commission is also mindful of the need
for a regime to classify the information in the possession of said bodies, in order to safeguard the personal
integrity of the agents who participate in the information gathering operations and the protection of national
security.
311. Notwithstanding the foregoing, the Commission once again emphasizes that the States have the
obligation to ensure that the normative regulation and day-to-day management of intelligence services is
compatible with the fundamental principles of the rule of law and international human rights standards283. In
particular, the Commission understands that the legitimate aim that the States may pursue by putting into
operation a regime for the classification of intelligence activities does not imply a carte blanche for intelligence
agencies to operate in total secrecy.
312. In this regard, the Commission considers that the need to resolve the conflict that arises between the
need to maintain the secrecy of certain intelligence activities and the right of access to information is of utmost
importance in those cases in which the Intelligence agencies are called to act as judicial auxiliaries in a criminal
investigation related to serious human rights violations. The Commission considers that there are numerous
reasons why the restriction on the right of access to information may be argued, even more when it is required
by the parties who are constituted as plaintiffs in the judicial proceedings.
313. In this regard, the Inter-American Court has indicated that everyone, including the next of kin of victims
of serious human rights violations, has the right to know the truth and to be informed of everything that
happened in relation to said violations. Likewise, and from the point of view of the guarantees of due process
generally enshrined in Article 8.1 of the Convention, in relation to Article 1.1, States have the obligation to
guarantee the right of victims and their next of kin to participate in all stages of the judicial processes in order
to enforce their rights. The Commission understands, in a general way, that the aforementioned rights are
severely threatened when the judicial investigation consists, essentially, of documentary pieces that are
classified as secret by reason of having been produced or collected by intelligence agencies.
314. It is therefore the responsibility of the IACHR to define whether in the present case the Argentine State
complied with its international obligations derived from the petitioners' right of access to information, as a
component of the right to know the truth about what happened. In particular, it is necessary for the IACHR to
See in particular the account of the classification process as a secret of the document titled “AMIA Thematic. The International
Connection. The Clarification of the Terrorist Attack and the identification of its Authors” presented by the SIDE to the UFI AMIA in January
2003 which appears in: Annex 20. UFI AMIA. The Process for declassifying confidential or secret information on the 1994 attack and its
cover-up, p. 16 and 17. Annex 27 to the petitioners' communication dated November 11, 2019.
283 United Nations. Human Rights Council. Report of the Special Rapporteur on the promotion and protection of human rights and
fundamental freedoms while countering terrorism, Martin Scheinin. Compilation of good practices on legal and institutional frameworks
for intelligence services and their oversight. A/HRC/14/46. May 17, 2010. Para. 12. Available at https://documents-ddsny.un.org/doc/UNDOC/GEN/G10/134/10/PDF/G1013410.pdf?OpenElement
282
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