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

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