people who were murdered. Consequently, the total list available to the Commission includes 85 deceased
persons and 151 injured persons306.
338.
Regarding the determination of the next of kin of the victims of the attack, the Commission finds that
the members of the Active Memory Civil Association listed below are relatives of people who lost their lives or
were injured in the attack; namely: Adriana Reisfeld, sister of Noemí Reisfeld who died in the attack; Diana
Wassner, who lost her husband Andrés Malamud, and Jorge Lew307, father of Agustín Lew and husband of
Raquel Lew, who lost their lives and were wounded in the attack, respectively308. Likewise, the following family
members identified by the petitioners are considered as victims: Lucía and Ana Clara Oroño Reisfeld, nieces of
Adriana Reisfeld and daughters of Noemí Reisfeld; Débora and Astrid Malamud, daughters of Diana Wassner
and Andrés Malamud and Nicolás Lew -son of Jorge Lew and Raquel Lew. The Commission does not have
information that allows it to make an exhaustive list of the next of kin of the rest of the 82 people who died in
the attack and the 151 wounded.
339.
Regarding the effects suffered by the next of kin of the victims of the attack, the Commission observes
that Diana Wassner, who lost her husband Andrés Malamud in the attack, declared in the public hearing
convened in the 174° Period of Sessions that “this has split my family in a way that is difficult to explain, we
were very young and we thought we had a life ahead of us and we had a beautiful family ahead of us […] the
truth is that the attack came to cut off all these things and destroy us or try to destroy us […] ”. She also indicated
that in relation to action of the state “what I feel and think of the Argentine State is very painful, fundamentally
because it hurts me that my daughters have chosen to go live in other countries because they do not want to be
in a place that did not offer them an answer for their dad's death. It is very difficult because we have had to
carry all this struggle on the backs of family members, and it is not their place”. For her part, Adriana Reisfeld,
sister of Noemí Reisfeld who worked in the AMIA building and died in the attack, declared that for more than
20 years she has been in the process of obtaining justice, being that the relatives were united "by the horror".
She also recounted the efforts made by the next of kin to denounce the irregularities in the investigation. She
added that "we always had to give reasons as to why we demanded justice [...]".
340.
The Commission considers that the serious human rights violations suffered by the victims in this case
affected the mental and moral integrity of their next of kin. The circumstance of being a relative of a victim of a
terrorist act of the magnitude of the AMIA attack generates severe suffering in itself. In the specific case, this
suffering is exacerbated by the situation of impunity in which the case is, which is directly attributable to the
State for the actions of its agents, who even in some periods deliberately diverted the investigation, favoring
the concealment of the truth and the possibility of identifying and punishing those responsible. The
Commission wishes to emphasize that it has been mainly thanks to the activism and procedural participation
of the petitioners that the irregularities and the multiple factors of impunity present in the case have become
known. Thus, the Commission observes that the continuing lack of clarification and the situation of impunity of
the attack has caused the petitioners to feel anguish, sadness, frustration, and even deception.
341.
Based on the foregoing considerations, the Commission concludes that the State violated the right to
mental and moral integrity enshrined in Article 5.1 of the American Convention in relation to the duty to respect
established in Article 1.1. of the same to the detriment of the next of kin of the victims.
VII.
CONCLUSIONS AND RECOMMENDATIONS
342.
Based on the factual and legal considerations set forth throughout this report, the Commission
concludes that the Argentine State is responsible for the violation of the rights to life, humane treatment, access
to information, to a fair trial, equal protection, and judicial protection. All of the above, in accordance with the
provisions of Articles 4.1, 5.1, 8.1, 13, 24, and 25.1 of the American Convention in relation to Article 1.1 of the
same instrument. Likewise, the Commission concludes that the State violated Article 13 of the American
Convention in relation to Article 2 of the same instrument.
Communication of the representatives of December 30, 2016. See footnotes Nos. 7 and 8.
In their communication of November 11, 2019, the petitioners indicated that Jorge Lew died on July 24, 2019.
308 In their communication of November 11, 2019, the petitioners indicated that Raquel Lew died in February 2000.
306
307
64