the action for revocation was to be published in the press. 32 On June 18, 1992, the judge
received an official document from the Federal Notifying Officer in which the latter stated that:
“I am returning the enclosed identity card because I was unable to deliver it. Having visited
the address I was given […] [I was informed] that Ms. Raghda Habbal does not live there, but
no other information was forthcoming. 33 The next day, the Acting Federal Judge ordered that
Ms. Habbal be notified by publication. 34 On July 2, 1992, the Acting Federal Judge directed
that the legal notice be published in the Official Gazette, and this was done. 35
36.
On September 14, 1992, the Acting Federal Judge informed the public defender of
developments, as Ms. Habbal had failed to contact the court following notification by
publication. 36 The public defender asked the Acting Federal Judge to make the resolution of
Ms. Habbal’s case conditional on what was decided in the case against Mr. Al Kassar. 37 The
Acting Federal Judge decided to reject the public defender’s request, because Ms. Habbal’s
had applied for citizenship personally and voluntarily. 38 The public defender later argued that
the fact Mr. Al Kassar allegedly acted in bad faith in applying for residence did not necessarily
mean that the same was true of his wife. He also stated that the question of whether false
statements had been made in public documents had to be proven and noted that Resolution
1088 had been issued without Ms. Habbal’s involvement in the proceedings. 39
37.
On November 6, 1992, the Acting Federal Judge asked Federal Court No. 1 of Mendoza
to inform him, as a “matter of extreme urgency,” whether a decision had been rendered in
the criminal proceedings against Mr. Al Kassar regarding the following: “a) Police Certificate
No. 260 issued by the Mendoza Police, Sec. Villa Nueva, Guaymallén on 01/17/1992 […]; and
b) the option contract for the purchase of a rural property signed before the Notary Public
[…], in the city of Montevideo, Oriental Republic of Uruguay, dated 01/17/92 […].” 40 In
response to this request, Federal Judge No. 1 of Mendoza replied that he had not rendered a
decision on the matters in question. 41
38.
On October 27, 1994, the Acting Federal Judge delivered a judgment in the case of
“Habbal Raghda for review and/or revocation or annulment of citizenship,” declaring invalid
the act by which Ms. Habbal was granted citizenship and canceling her national identity card
and any other identity document she might have been granted as an Argentine citizen. In the
considering paragraphs, the judgment stated that Article 15 of Decree 3213/84 provided for
the revocation of citizenship if it had been obtained fraudulently. It was also pointed out in
the document that the case law on the subject recognized that citizenship could be revoked
if it was proven that the person who obtained it did not meet the basic conditions established
32
Cf. Decision of the Acting Federal Judge, dated June 11, 1992 (evidence file, folios 34 to 36).
33
Cf. Note from the Federal Notifying Officer to the Judge, dated June 18, 1992 (evidence file, folio 38).
34
Cf. Decision of the Federal Judge, dated June 19, 1992 (evidence file, folio 40).
Cf. Decision of the Federal Judge, dated July 3, 1992, and proof of publication of the notification in
the Official Gazette (evidence file, folios 42 to 45 and 1437 to 1446).
35
36
Cf. Judicial decision of the Federal Judge, dated September 14, 1992 (evidence file, folio 49).
37
Cf. Note from the Public Defender, dated September 14, 1992 (evidence file, folio 49).
38
Cf. Decision of the Federal Judge, dated September 28, 1992 (evidence file, folio 51).
39
Cf. Note from the Public Defender, dated October 20, 1992 (evidence file, folio 54).
40
Cf. Decision of Federal Judge No. 2 of Mendoza, dated November 6, 1992 (evidence file, folio 56).
41
Cf. Decision of the Federal Judge, dated November 24, 1992 (evidence file, folio 58).
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