48.
For its part, Article 32 of the Commission's Rules of Procedure establishes that in cases in which the
exceptions to the exhaustion of domestic remedies are applicable, the petition must be presented within a
reasonable period of time, at the Commission's discretion.
49.
In the present case, the petition was received on July 16, 1999, five years after the attack and the
initiation of the criminal investigation, which, as has been said, remains unresolved. The Commission considers
that the petition was presented within a reasonable period of time and that the admissibility requirement
regarding the timeliness of the petition is satisfied.
C. Colorable claim
50.
The Commission considers that the facts presented in this case could characterize the violation of the
rights to life, humane treatment, access to information, fair trial, and judicial protection, established in Articles
4, 5, 8, 13, and 25 of the American Convention, in relation to the obligations established in Articles 1.1 and 2 of
the same instrument, to the detriment of the victims identified in this report. Likewise, in keeping with the iura
novit curiae principle, the Commission determines that the facts could characterize the violation of the right to
equal protection, established in Article 24 of the Convention.
VI.
MERITS CONSIDERATIONS
A. Facts of the case
51.
The Commission, consistent with what was stated on numerous occasions by the petitioners and by the
representatives of the Argentine State, sees the need to begin its analysis on the merits by highlighting the
factual complexity of this case, which has to do with one of the most serious terrorist acts committed to date in
the Western Hemisphere.
52.
The inherent complexity of the nature of this criminal act is aggravated when considering the multiple
procedural alternatives that have occurred throughout more than 25 years of judicial investigation. Said
investigatory phase was conducted by judges from various instances; representatives of all the public powers
of the Argentine State participated in it; and a considerable volume of information was generated within it.
53.
Consequently, and in order to facilitate the understanding of this report, the Commission has decided to
dedicate this first section to an overview of the main events related to the attack on the AMIA and its
investigation. In this way, the Commission aims to establish a global factual framework based on which - in
subsequent chapters - the relevant and specific findings of fact will be presented to deal with each of the legal
considerations and the subsequent conclusions.
1. The attack on the headquarters of the Israeli-Argentinian Mutual Association and the
investigation headed by the Federal Criminal and Correctional Court No. 9 of the Federal Capital
54.
Various judicial rulings issued in the national order have considered as proven that, at 9:53 am on July
18, 1994, an explosive charge equivalent to between 300 and 400 kilos of TNT, installed inside a Renault Trafic
van was detonated in the vicinity of a building located at 633 Pasteur Street in the city of Buenos Aires,
Argentina. This property housed, among other institutions, the headquarters of the Israeli-Argentine Mutual
Association [Asociación Mutual Israelita Argentina](AMIA) and the Delegation of Israeli-Argentine Associations
[Delegación de Asociaciones Israelitas Argentinas](DAIA) 6.
55.
The explosion caused the collapse of part of the 633 Pasteur building. The subsequent shock wave
generated by the explosion caused extensive damage to buildings and personal property located within a radius
Annex 2. Judgement of the Federal Oral Criminal Court No. 3 of the Federal Capital dated October 29, 2004 (Hereinafter “Judgement of
TOF 3”). Chapter V, p. 2351. Annex 1 to the petitioners' communication dated November 11, 2019. TOF 3 specified that the explosive charge
was “composed of ammonium nitrate, with the addition of aluminum, a heavy hydrocarbon, TNT, and nitroglycerin”, see also: Annex 2.
Judgment of the TOF 3. Chapter V page. 2535. Annex 1 to the petitioners' communication dated November 11, 2019
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