252. The Commission emphasizes that the determination of the identity of the person who would have
immolated themselves in the attack on the AMIA is especially important, since based on this information, the
accusatory hypotheses currently maintained by the prosecution could be confirmed or, alternatively, point to
other lines of investigation. Moreover, identifying the material author of the attack and their possible social
connections or political affiliations would represent a great step towards determining the totality of material
and intellectual responsibilities, and guaranteeing the right to the truth of the victims, their families, and society
in general.
253. The Commission recalls that the fact that the State failed, until 2016, to inventory the organic remains
collected at the scene of the incident reflects in itself the lack of due diligence by the State. This omission also
explains why the genetic comparison that ruled out that the unidentified sample found in the PFA Chemical
Laboratory belonged to Ibrahim Hussein Berro could only have been completed in November 2017.
254. The duty to act with due diligence demanded, in this case, that the State used all the necessary means to
investigate exhaustively and without delay the aforementioned hypothesis, by practicing all the pertinent tests,
including the genetic analysis of the organic sample that was in storage without identification. This was even
more crucial considering that, at least since October 2006, a central part of the public accusatory hypothesis
revolved around the identification of Berro as the individual who would have acted as a suicide driver of the
Trafic van that would have been used as a car bomb. The Commission concludes that the failure to carry out
this evidentiary procedure in a timely manner, as well as others that would make it possible to strengthen the
line of investigation that links Hezbollah and officials and nationals of the Islamic Republic of Iran with the
incident, also prevented other complementary lines of investigation from being explored, which did not
necessarily include the participation of Berro or his alleged associates in the attack, negatively impacting the
progress of the investigations.
iii)
Regarding the death of the prosecutor in charge of the investigation
255. As mentioned in the facts section, on January 18, 2015, the body of Prosecutor Nisman, then head of the
UFI AMIA, was found lifeless at his home in the city of Buenos Aires. The event occurred days after the UFI
AMIA filed a criminal complaint against several state officials in connection to a possible cover-up related to
the signing of the Memorandum of Understanding between the Argentine Republic and the Islamic Republic of
Iran. (see supra para. 84).
256. In relation to this fact, the Commission observes that it is not the subject of this case to rule on the death
of Mr. Nisman and the circumstances in which it took place, since this fact is being investigated by the Argentine
judicial authorities and since they could eventually be the subject of a new petition before the inter-American
system. In what is relevant to this case, the Commission considers only stating that the lack of clarification of
such circumstances has not allowed in the present case to identify whether there would be a causal link
between such death and the role of Mr. Nisman as a justice operator and , in particular the duty of the State to
have adopted the required measures in the face of all kinds of risks that may arise in relation to persons
investigating human rights violations248. In this regard, the Commission observes the importance of the State
continuing to investigate said event and clarify the circumstances in which it took place.
iv)
Regarding the failure to adopt appropriate measures to determine the identity of the socalled "victim 85"
The Court has established in its jurisprudence that in order to comply with the obligation to investigate “in accordance with the
provisions of Article 1.1 of the Convention, the State must adopt, ex officio and immediately, sufficient measures of comprehensive
protection and investigation against any act of coercion, intimidation, and threats to witnesses and investigators”. On this topic, see, among
others: I/A Court H.R., Case of Kawas Fernández v. Honduras. Merits, Reparations and Costs. Judgment of April 3, 2009. Series C No. 196,
para.107.
248
50