in court and report in detail the way in which the two events in which Telleldín's relatives were paid a
considerable sum of cash took place206. Also, Judge Galeano, as stated in TOF 3 "systematically concealed the
existence of a payment made to Carlos Alberto Telleldín so that he could expand, in previously agreed terms,
his testimony”207.
213. In this regard, the Commission emphasizes - in line with what was stated by the United Nations Special
Rapporteur on the promotion and protection of human rights and fundamental freedoms in the fight against
terrorism, Martin Scheinin - that the main function of intelligence agencies is the identification of potential
threats to national security from the gathering and analysis of information 208. Although the main international
human rights instruments do not expressly prohibit intelligence agencies from acting as auxiliaries to justice,
there are convincing arguments that discourage the conjunction of state intelligence and criminal investigation
functions. With regards to the assignment of arrest and detention powers to the intelligence agencies comparable inter alia to the rest of the typical activities of the police in judicial function- Special Rapporteur
Scheinin assured that "there is a danger that a parallel security system is created, where intelligence services
would exercise arrest and detention functions to circumvent the legal safeguards and supervision systems to
which the State security forces are subject”209.
214. The Commission observes that the investigation led by former Judge Galeano, from 1994 to 2004,
adopted as the only accusatory hypothesis, with regard to the so-called “local connection” of the attack, the one
that indicated the participation of the Buenos Aires policemen indicated by Telleldín in his testimony of July 5,
1996. As has been established, this hypothesis was constructed and promoted through the use of a portion of
the secret funds assigned to the SIDE, which were used with absolute discretion and absence of controls by the
intelligence body where they came from. Indeed, from those funds came the sum of money that was paid to a
defendant to incorporate into the file information that does not have other means of support in the file. This
accusatory hypothesis fabricated as a result of said information was maintained by the state authorities for
several years, to the point of raising the investigatory phase to oral proceedings.
215. All of the foregoing, in the Commission's opinion, points to the absence of rational content or support in
the main line of investigation promoted by the State at that time, which is not only highly questionable and
implies a lack of duty to investigate with due diligence, but also reveals a manifest partiality of the judge with
an interest in generating a certain result that does not obey the evidentiary material legally incorporated into
the investigation. These actions, which also made use of means that are also not supported by the guarantees
of regular due process, do not in any way satisfy the right of the victims' next of kin to access justice.
Furthermore, it carried severe consequences for the clarification of the serious human rights violations
suffered by the victims in this case.
iv)
Conclusion
216. Based on what is stated in this chapter, the Commission concludes that, both at the beginning of the
investigation and during the investigatory phase conducted by the Federal Criminal Court No. 9, a series of
irregularities occurred such as failures in the practice of essential procedures, as well as the deliberate
abandonment of some lines of investigation where further inquiry was a logical course of action to follow.
For an account of the requests made by TOF 3 as of September 2001 and of the negative responses provided by the then SIDE authorities,
see: Annex 2. Judgment of the TOF 3. Chapter VIII.V. P. 3588 to 3610. Annex 1 to the petitioner’s communication dated November 11, 2019.
207 Annex 2. Judgment of the TOF 3. Chapter VIII.B. Pages 2979 and 2980. Annex 1 to the petitioner’s communication dated November 11,
2019.
208 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*. A/HRC/10/3. February 4, 2009. Para. 26. Available at:
https://documents-dds-ny.un.org/doc/UNDOC/GEN/G09/106/25/PDF/G0910625.pdf?OpenElement
209 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
and measures that ensure respect for human rights by intelligence agencies while countering terrorism, including on their oversight*.
A/HRC/14/46. May 17, 2010. Para. 41. Available at https://fas.org/irp/eprint/unhrc.pdf
206
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