nationality was recorded as Syrian, Spanish and Argentine. 52 On March 10, 1987, Ms. Habbal
had entered Argentina as a Brazilian citizen with a passport issued in Rio de Janeiro. 53
C. Dismissal of the criminal charges against Ms. Habbal and conviction of Mr. Al
Kassar
42.
In addition to the proceedings that led to the loss of nationality, criminal charges were
brought simultaneously against Mr. Al Kassar and Ms. Habbal for acts related to the
documentation presented to obtain residence and citizenship. 54 In the proceedings against
Ms. Habbal, the court decided to “order the preventive detention of Raghda Habbal […], as
the perpetrator, based on prima facie evidence, of the crime of making false statements in
relation to three public documents (Police Certificate of Residence, Option Contract for the
Purchase of a Property, and Certificate of Citizenship) […].” 55 In response to the decision, on
November 17, 1995, Federal Court No. 1 of Mendoza decided to annul the preventive
detention order issued with respect to Ms. Habbal. 56
43.
On April 14, 1997, the Criminal Court Judge ruled on the charge brought against Ms.
Habbal concerning “her role in the issuing of Police Certificate of Residence No. 260 at
Mendoza Police station on January 17, 1992, and the option contract for the purchase of a
property.” 57 Regarding these acts, the Criminal Court Judge found that “the accused’s inability
to speak the language is, clearly in this case, an insurmountable barrier to any type of
accusation against her.” Specifically, he found that Mr. Al Kassar, rather than Ms. Habbal, was
responsible for the purchase agreement involving a property in the province of Mendoza.
Therefore, the Criminal Court Judge found that Ms. Habbal was not responsible for the matters
investigated, nor was there any evidence against her. As a result, the case against Ms. Habbal
was dismissed. 58
44.
On September 9, 2009, Federal Court No. 1 of Mendoza found Mr. Al Kassar guilty of
the crime of fraudulently obtaining his certificate of permanent residence and, in collusion
with others, of fraudulently obtaining his certificate of citizenship by “making false statements
on several occasions at the administrative and judicial offices” in order to do so. 59 On May 18,
2010, Division II of the National Federal Criminal and Correctional Appeals Court confirmed
the sentence against Mr. Al Kassar, and modified the legal classification to that of “necessary
participant in the crime of making false statements in documents related to residence and
Cf. Immigration Information Office, arrival/departure records of Raghda Habbal from August 20, 1994 to
March 17, 1996 (evidence file, folio 1047).
52
53
Cf. Immigration Information Office, arrival/departure record of Raghda Habbal for March 10, 1987 (evidence
file, folio 1059).
54
Cf. Decision of April 14, 1997 (evidence file, folio 128), and brief with pleadings, motions and evidence
(merits file, folio 156).
55
Cf. Decision of November 17, 1995, of Federal Court No. 1 of Mendoza (evidence file, folio 2300).
56
Cf. Decision of November 17, 1995, of Federal Court No. 1 of Mendoza (evidence file, folio 2311).
57
Cf. Decision of April 14, 1997 (evidence file, folio 128).
58
Cf. Decision of April 14, 1997 (evidence file, folio 128).
59
Cf. Decision of Federal Trial Court No. 1 of September 9, 2009 (evidence file, folios 133 to 171).
14