court’s composition was only confirmed on April 8, 2013. The delay in the composition of the court was due to
the fact that seven magistrates refused or excused themselves from intervening at different times during the
process. The Court of Cassation finally rejected the appeal through a resolution issued on August 14, 2013265.
284. Regarding the investigation into the failure to pursue the Syrian-Kannore Edul lead, the Commission
notes that the Federal Criminal and Correctional Court No. 4 decided on March 30, 2012 to close the
investigatory phase and take the case to oral trial266. Considering that the process began in 2000, this means
that the investigatory phase lasted twelve years. The petitioners stated that the first judge who intervened in
the case had to be removed from it due to his procedural inactivity267. During the processing of this petition,
the Argentine State did not provide any reason to explain the reason for the long delay at the investigatory
phase.
285. The Commission observes in relation to both investigations that, from the issuance of the respective
orders to raise to trial until the beginning of the first debate hearing, more than three years elapsed in which
the proceedings of the case did not experience substantial progress. In effect, the order to raise to oral
proceedings for the facts related to the payment to Telleldín is dated May 12, 2011 and the order issued for the
interruption of the Syrian lead is dated March 30, 2012. However, the first oral trial hearing took place only in
August 2015268.
286. The Commission also highlights that the discussion hearings before TOF 2 lasted more than three years
and six months. Indeed, the first hearing for the oral trial was held on August 6, 2015 and the verdict was
delivered on February 28, 2019. The Commission emphasizes that, as stated in the TOF 2 judgment, between
August of 2015 and February 2019, 172 hearings were held and that the parties' arguments stage began on
October 26, 2017 and ended on November 22, 2018. The Commission notes that the hearings were held
sporadically, at a rhythm of three or four per month and that were interrupted repeatedly, especially during
the months of December and January.
287. In summary, the Commission emphasizes that the trial stage for covering up the attack lasted more than
seven years and the investigation stage for more than twelve. The Commission notes that a final judgment has
not yet been issued in the case, since various appeals for cassation filed against the TOF decision of May 2, 2019
are still pending. Throughout the processing of this petition, the Argentine State has not outlined any argument
regarding the reasonableness of the term and did not elaborate what factors could have influenced the overall
proceedings to be, as of the date of approval of this report, entering its twentieth year 269.
288. Lastly, the Commission emphasizes that there are other cases where other possible cover-up acts during
the Galeano investigation, that are still ongoing and that have not been the subject of a first instance decision
on their merits. Among these residual cases pending decision are the situation of the secretaries who assisted
Galeano in court270 and the criminal responsibility of some lawyers who intervened in the investigation for
threats against certain defendants271.
289. The Commission verified that the petitioners, in their capacity as plaintiffs in the proceedings for the
cover-up of the attack, urged the judicial authorities on numerous occasions to move forward with the
Annex 15. Resolution of Chamber II of the Federal Criminal Cassation Chamber dated August 14, 2013, pages 2 to 4. Annex 20 to the
petitioner's communication dated November 11, 2019.
266 Annex 16. Order of elevation to oral trial issued by the Federal Criminal Investigative Court No. 4 dated March 30, 2012. Annex 19b to
the petitioner's communication dated October 31, 2014.
267 Petitioner's communication dated November 11, 2019, page 47.
268 Annex 12. Judgment of the Federal Oral Criminal Court No. 2. Page 1. Annex 2 to the petitioner's communication dated November 11,
2019.
269 Annex 12. Judgment of the Federal Oral Criminal Court No. 2. Pages 54 to 57. Annex 2 to the petitioner's communication dated November
11, 2019.
270 Annex 17. Resolution of Chamber I of the Federal Criminal and Correctional Chamber dated May 17, 2016 in the framework of file CFR
3446/2012. Annex 26 to the petitioner's communication dated November 11, 2019.
271 Annex 18. Order of elevation to oral trial dated March 23, 2017 issued by the Federal Criminal and Correctional Court No. 2 in the
framework of case No. 2925/1998. Annex 23 to the petitioner's communication dated November 11, 2019.
265
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